Context (TH): The Delhi Chief Minister’s Office (CMO) said that the National Capital Civil Service Authority (NCCSA) has been reduced to a “complete farce” with bureaucrats “dictating” their own will and overturning the Chief Minister’s decisions.
NCCSA is formed by the Union government’s Ordinance. The provisions in the ordinance mandate the formation of a “permanent” National Capital Civil Service Authority (NCCSA).
Composition:Chief Minister is the chairperson, and the Chief Secretary and Principal Home Secretary as Member and Member-Secretary, respectively.
Authority of NCCSA
The NCCSA exercises authority over civil service officers in all Delhi government departments except those in public order, police and land.
The NCCSA would decide civil service officers’ transfers, postings, prosecution sanctions, disciplinary proceedings, vigilance issues, etc., deputed to Delhi government departments.
NCCSA takes the decisions by the majority of votes of the members present and voting. In case of a difference of opinion, the Lieutenant Governor’s decision would be final.
Issues
The dual governance scheme envisioned in Article 239AA is threatened as
the two bureaucrats in NCCSA can outvote the head of the elected government, the CM of Delhi.
L-G (appointed by the centre) has the final say in the case of a difference of opinion.
Article 239AA of the Indian Constitution
It deals with the special provisions with respect to Delhi.
The Legislative Assembly of Delhi has the power to make laws with respect to any of the matters enumerated in the State List or in the Concurrent List, except matters with respect to public order, police and land.
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