New Delhi: Union Minister of State (MoS) for Home Nityanand Rai introduced the Government of National Capital Territory (Amendment) Bill 2023 in the Lok Sabha Tuesday amidst sloganeering from the Opposition benches. The bill seeks to replace an ordinance promulgated by the Centre that takes away the powers of the Delhi government to post and transfer civil servants in the national capital territory (NCT) of Delhi.
Soon after the bill was introduced, the Arvind Kejriwal-led Aam Aadmi Party (AAP) suffered a setback with the Biju Janata Dal (BJD) declaring its support for the bill in addition to the YSR Congress, which had endorsed the bill brought in by the BJP earlier.
Though passage of the bill in the Lok Sabha is not an issue where BJP has the numbers, with support from the BJD and the YSR Congress, the BJP-led NDA will also be comfortably placed in the Rajya Sabha where its numbers are not adequate.
Congress leaders Adhir Ranjan Chowdhury, Gaurav Gogoi and Shashi Tharoor opposed the introduction of the bill in the Lower House, as did N.K. Premachandran of the RSP, TMC’s Saugata Roy and T.R. Baalu of the DMK.
“The bill vindicates the outrageous infringement of this government upon the territory of the state. It is designed to dig up a graveyard for cooperative federalism,” remarked Chowdhury, who is the Congress parliamentary party leader in the Lok Sabha.
BJD MP Pinaki Misra said introduction of the bill cannot be opposed on the grounds of the legislative competence of the House, though those opposing it can vote against it when it comes up for discussion. “I’m surprised that when legislative competence is being discussed under Rule 72 proviso that there is no advertisement at all to the actual SC judgment or the order which the SC has passed in the writ petition filed by the government of Delhi against the Union of India,” he said.
Misra, who is the BJD parliamentary party leader in the Lower House, further argued that the Supreme Court empowered the central government to bring about such a law. “The government has brought out a law now, pursuant to a SC empowering it. So, how can you challenge legislative competence?” Mishra asked the Opposition benches.
“I can understand that you vote against it, but on a point of law, you cannot challenge this,” he added.
Promulgated on 19 May, 2023, the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 sought to set up a National Capital Civil Services Authority consisting of the chief minister, chief secretary and principal home secretary of Delhi. This authority will make recommendations to the Lieutenant Governor (LG) over transfers and postings of officials. The ordinance was brought in days after the Supreme Court in a judgment on 11 May handed over the control of services to the Delhi government.
Also Read: AAP govt moves SC seeking stay on Delhi ordinance — ‘conscious intent to avoid deliberations’
Delhi ordinance & legislative competence
AIMIM MP Asaduddin Owaisi — while opposing the introduction of the bill — mocked the Opposition for “allowing the House to run without” the prime minister. “I’m thankful to our Opposition leader that he let the House function without the PM. This is a game of chess and ludo. One side is playing chess and the other side is playing ludo,” said Owaisi.
Opposing its introduction, he opined that the House did not have the legislative competence to pass the bill. “I’m opposing the bill because it is a violation of Article 123. You can’t amend the Constitution through a simple bill. This is a violation of the theory of separation of powers. A five-judge bench of the Supreme Court passed a judgment on 4 July, 2018. That is why I say that this House doesn’t have legislative competence,” he said.
TMC MP Saugata Roy too cited the SC judgment to oppose the introduction of the bill.
Gaurav Gogoi of the Congress said the bill was “completely illegal”. While opposing its introduction, he argued that it was not “substantive policy” and that no substantive business in the House can take place once a no-confidence motion had been moved.
The Lower House is set to take up for discussion a no-confidence motion moved against the BJP-led government from 8-10 August. The motion was moved by Gogoi on behalf of the INDIA bloc of opposition parties and the Bharat Rashtra Samithi (BRS).
Union Home Minister Amit Shah, speaking on the floor of the Lok Sabha after the bill was introduced Tuesday, said opposition to its introduction was “politically motivated”. He also said that the Constitution and the Supreme Court granted Parliament the right to legislate on the powers of the Delhi state.
“The Constitution has given the House the power to pass any law regarding the state of Delhi. Supreme Court judgment has clarified that Parliament can bring any law regarding the state of Delhi. All objections are political. Please permit me to bring this bill,” he said.
The bill was, thereafter, introduced by Lok Sabha Speaker Om Birla.
(Edited by Amrtansh Arora)
Also Read: After chairing 1st meet, Kejriwal slams Delhi’s new civil services authority — ‘futile exercise’