New Delhi: The Union government on Tuesday, August 1, tabled the contentious Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which seeks to replace the Delhi ordinance on control of services in the national capital.In the statement of reasons and objects, the Bill states that it is being brought due to the special status of Delhi.“In view of the special status of the National Capital Territory of Delhi, a scheme of administration has to be formulated by Parliamentary legislation to balance both local and national interests to reflect the aspiration of the people through the joint and collective responsibility of the Government of India and the Government of National Capital Territory of Delhi.”The Bill will replace the Delhi Ordinance brought on May 11, overriding an order by the apex court which ruled that only Delhi’s elected government has authority over civil servants.In its order, the apex court had ruled that except for issues linked to land, police, and public order, the lieutenant governor has “no independent decision-making powers” under the Constitution.The Aam Aadmi Party (AAP), which is in power in Delhi, has challenged the move by the Union government to bring in the Ordinance in the Supreme Court. Last month, the court referred the matter to a five-judge constitutional bench.On Tuesday, the bill was introduced in the Lok Sabha by Minister of State for Home Affairs, Nityananda Rai, amid protests from opposition MPs who called the move to table the bill “unconstitutional”.Opposition MPs rose to oppose the move to introduce the Bill while the Bharatiya Janata Party (BJP) government found favour from the Biju Janata Dal.Also read: Centre’s Ordinance on Delhi Services Violates the Spirit of Parliamentary FederalismWhile opposing the introduction of the Bill, the leader of Congress in the Lok Sabha, Adhir Ranjan Chowdhury, cited Rule 72 of the Rules of Procedure and Conduct of Business in Lok Sabha. Under the rule, the Speaker can permit brief statements from members who oppose the motion to introduce a Bill.Chowdhury said that the bill infringes upon the rights of the states and violates the Supreme Court’s order. “The Bill vindicates the outrageous infringement of this government on the territory of the states. It is designed for digging up a graveyard for cooperative federalism,” he said.He added that the Bill takes away the right of the elected government of Delhi to legislate on matters related to services in the Union territory. “The constitution mandates that services come under the control of states. This is why the Delhi Assembly should be allowed to legislate on matters of services without any roadblocks.”Chowdhury added that the attempt to bring in the legislation violates Article 239AA of the Constitution and is an attempt to change the Supreme Court’s May 11 order.Article 239AA confers special status on Delhi following the recommendations of the S. Balakrishnan Committee. It was inserted into the Constitution in 1991 by the 69th Amendment.Revolutionary Socialist Party (RSP) MP, N.K. Premachandran, also opposed the Bill, saying that it goes “against the principle of federalism envisaged by the constitution of India”.Opposition members faced objections from the Treasury benches who said that the MPs should only comment on whether the House has the competence to introduce this Bill and not on the contents of the Bill.“Parliament is in merit to move this Bill. If they (the opposition) want to discuss (the Bill), they can do so when the Bill is moved for consideration and passing,” said parliamentary affairs minister Pralhad Joshi.All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi said that he opposed the introduction of the Bill as it violated Article 123 of the Constitution, which allows the President some law-making powers including promulgating Ordinances when Parliament is in recess, and said that a Bill cannot be brought to amend the constitution.“You cannot use a simple Bill to amend the constitution,” he said. “It violates the theory of separation of powers. This House does not have the competence to move this bill.”Owaisi also asked for a division of votes on whether the Bill should be introduced or not.Trinamool Congress MP, Saugata Ray, also opposed the introduction of the Bill, saying that it is “well outside of the legislative competence of parliament”.“To override the Supreme Court judgment, the government has brought this Bill. This is totally autocratic and abrogation of the legislative power of the Union territory of Delhi under Article 239AA of the constitution.”While other opposition MPs, including the deputy leader of the House Congress, Gaurav Gogoi, also opposed the move to introduce the bill along with his party colleague Shashi Tharoor, the Modi government found support in the BJD.BJD MP Pinaki Misra said that the House is well within its rights to move the Bill. Misra said that he is surprised that legislative competence was being discussed in the House under Rule 72. “You (opposition MPs) can vote against it (the Bill) but on a point of law, you cannot challenge this. Legislative competence is there,” he said.Responding to the opposition MPs’ objections, Home Minister Amit Shah said that the Constitution has empowered the House to pass any law regarding Delhi and the opposition’s objections are only “political”.“The Constitution has given the House the power to pass any law on governing Delhi. The Supreme Court has also clarified that the Parliament can bring any law on Delhi. All the objections raised by the opposition are therefore political and have no constitutional basis. I urge you to let me move this Bill,” he said.The Bill was then tabled amid sloganeering from opposition MPs after Birla allowed a voice vote on whether it should be introduced or not. The AAP called the Bill an attempt to change democracy in Delhi to “babu-cracy”.“The Bill changes democracy in the country and especially in Delhi to babu-cracy. All rights have been taken from the Delhi government and been handed over to the LG who is appointed by the BJP,” ANI quoted AAP MP Raghav Chadha as saying.“The Bill is even more dangerous than the ordinance that it seeks to replace,” Chadha said.Chadha said that the Bill is an attempt by the BJP to seek power in Delhi as they have been routed in the last six Delhi elections. “If you finish the government there will be no politics in Delhi and if there is no politics then the BJP will also not lose in elections.”Delhi chief minister Arvind Kejriwal has also met with opposition party leaders in recent weeks to cobble up support to block the Bill when it is brought to parliament.The INDIA alliance of 26 opposition parties has come together to oppose the Bill in parliament after initial reservations from the Congress which had remained non-committal.The AAP, however, is looking at the Rajya Sabha to block the Bill where the BJP-led National Democratic Alliance (NDA) does not have the majority on its own.
