The Government of NCT of Delhi (Amendment) Bill, 2023 has been passed by both houses of the Parliament — theoretically meaning that the people of India have approved the legislation, indirectly. At the same time, the legislation appears to contradict the basic structure of the Indian Constitution. It also violates a series of Supreme Court judgements, and moves the wheels of federalism in a regressive direction. Can the above sentences be synthesised to conclude that the will of the people is against the principle of federalism, the Supreme Court and, most importantly, the Indian Constitution? Certainly not, the country has not yet reached such an extreme. Neither the people of India nor the Parliament that represents them deserve such a rigorous blame, just because a controversial and seemingly erroneous legislation has been passed on the floor of both the houses. Arguments may also be floated that one must be rational and respect the dictum arrived at through Parliamentary procedures. Certainly, one is bound to do so. But one thing is clear — with the passage of the GNCTD Amendment Bill, Parliamentary democracy has taken yet another downward swing in the country. It represents a trend where democratic processes are navigated through numbers rather than people — the defining elements of any democracy. It also represents a case where the highly revered democratic institutions and processes can be bypassed while deciding for the country in a manner that can yet technically be called “democratic”! While absolute majority may be a good augury for efficient governance, the passage of the GNCTD Amendment Bill highlights the perils it can come up with. Coupled with certain other machinations, it can reduce a democracy to a game of numbers, rather than the rule of people that it is meant to be. The tussle and the resultant balance between the Central and the provincial governments in the case of Delhi has been longstanding. The Bill, by proposing overwhelming changes, tilts the balance entirely in favour of the Central government, which can also be read as the dilution of the principle of federalism. According to Article 239AA of the Indian Constitution, the LG has to act on the aid and advice of the Council of Ministers, except when exercising his functions in his discretion. The GNCTD Amendment Bill expands the ground on which discretion can be used. In addition to the grounds laid under Transaction of Business Rules of the GNCTD, 1993, the new Bill incorporates “the relations of the Delhi government with the Central government” as a new ground — a crystal clear effort to undermine the autonomy of the Delhi government. Secondly, by suggesting the formation of National Capital Civil Services Authority — responsible for making recommendations to the Lieutenant Governor of Delhi on matters related to transfers and postings, vigilance, disciplinary proceedings, and prosecution sanctions of Group A of All India Services (except Indian Police Service), and DANICS — the Bill has highly diminished the powers of the Chief Minister. In the first place, the Chief Minister becomes a minority against the two other centrally-appointed bureaucrats who will be part of the National Capital Civil Services Authority. At the top of it, the Bill grants the LG the power to override the recommendations of the Authority! Also notable is the fact that the Bill uses the term “sole discretion” in place of “discretion” used in the original Act, without specifying the distinction. These changes in the GNCTD amendment Bill, along with others, are sweeping in nature. Empowered by its numbers and machinations, the Central government has exhibited utter disregard of the Supreme Court judgements as well. Building upon its 2018 judgement highlighting that ministers should bear the responsibility before the legislature for every action undertaken by public officials in respective departments, the Supreme Court had recently elaborated upon the triple chain of accountability. The triple chain includes: civil servants are accountable to ministers; ministers are accountable to legislatures; and legislatures are accountable to the electorate. In bypassing the authority of ministers and the Cabinet, the new Bill breaks the chain before it starts! Ironically, in the name of “maintenance of democratic and administrative balance in the governance”, the Bill throws asunder the balance that had existed and was built over decades.