Delhi Services Bill Introduced in LS Amid Protests; Amit Shah Cites Constitutional Right to Enact Laws

Union Home Minister Amit Shah, on Tuesday, defended the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 tabled in the Parliament to replace the Delhi services ordinance, citing Constitutional rights. He termed the opposition to the bill as “politically motivated.”

Shah said, ”Our Constitution allows the Parliament to make laws for Delhi. Any opposition to this bill has no constitutional basis and is politically motivated. There is no reason for the opposition to cite parliamentary procedure.”

The Union Minister made the statement following vehement protests by the Opposition parties who stormed the well and tore papers questioning the introduction of the bill.

The Aam Aadmi Party’s lone MP Shushil Kumar Rinku, who was waiting for a chance to speak, also stormed into the Well in protest as the Home Minister started speaking on the Bill.

”I was not given a chance to speak…This is the murder of democracy…You are insulting Bhim Rao Ambedkar,” Rinku said, amid opposition slogans shouting against the government.

Rinku and Congress member T N Prathapan were seen throwing papers in front of the Chair amid the din.

Amidst the din, Speaker Om Birla said that time will be given for everyone to speak and castigated the opposition members for their behaviour.

”This kind of behaviour is not good. The country is watching,” he said.

Delhi Services Bill and Why is it Being Opposing it?

The proposed legislation will grant the Delhi Lieutenant Governor the ultimate authority over the transfer and posting of city government officials and bolster the Central government’s control over the national capital. The bill received approval from the Union Cabinet on July 25.

Tabled by Minister of State for Home Affairs, Nityanand Rai, on behalf of Shah, the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 aims to overturn the impact of the Supreme Court verdict in May, which granted control of administrative services to the Delhi government.

The Opposition has been protesting on the issue since the beginning of the Monsoon Session of Parliament.

Leader of Opposition in Lok Sabha, Adhir Chowdhury while discussing the introduction of the bill, said, ”The bill vindicates the outrageous infringement of the government on the territory of the states. It is designed for digging up a graveyard for cooperating federalism. It aims to curb the powers of the Delhi government. The Centre wants to weaken democracy through the move.”

RSP leader, N K Premchandran said he is opposing the bill on three grounds, He questioned the legislative competence of the government in tabling the bill and said, “It is against the principles of federalism envisaged in the Constitution of India. The elected government in Delhi not having control over the bureaucrats will mean not having a government in Delhi itself.”

Replying to Premchandran, Parliamentary Affairs Minister Prahlad Joshi said Parliament is ”fully competent” to pass the bill. “If they want to talk about the merit of the bill let them discuss when there is consideration and passing,” he said.

IUML MP Asaduddin Owaisi asserting that the bill violated Article 123 and said the Constitution cannot be amended with a simple bill. ”It is a violation of the theory of separation of powers, and it is SC judgement of a five-membered bench from 2018 so that is why I am saying that the house does not have legislative competence for this bill and that is why I am opposing it,” he said.

TMC MP Saugata Roy also pointed out that the bill was outside the legislative competence of the government. “The Supreme Court passed a judgement and now this bill has been brought to override it. This is a total abrogation of the legislative power of the government of Delhi under the Constitution,” Roy said.

Congress leader, Shashi Tharoor also opposed the bill on legislative competence. ”It undermines the Delhi NCT and The bill infringes the principle of representative democracy,” he said.

What BJP Said

Union Minister Meenakshi Lekhi labeled the arguments of the opposition as baseless and misleading to the people. Noting Delhi is a union territory, she asserted the center’s primacy and said the opposition has nothing substantial to add and is resorting to misleading tactics

AAP’s Opposition

The Arvind Kejriwal-led AAP government has challenged the ordinance in the Supreme Court. Over the past few months, Kejriwal has been reaching out to various opposition leaders, seeking their support to rally against the bill and block it in the Rajya Sabha, where the NDA lacks sufficient numbers on its own.

The NDA holds a comfortable majority in the Lok Sabha with over 330 members, ensuring the bill’s passage. In the Rajya Sabha, with the support of parties like BJD, YSR Congress and some nominated and independent members, it can also surpass the required halfway mark. BJD and YSR Congress have already said that they are likely to support the bill.

Number Game

Around 109 MPs from the 26-member opposition bloc INDIA, along with some Independents like Kapil Sibal, are expected to vote against the bill, according to a senior leader.

However, even with this opposition, they will still fall short of the halfway mark of 120 if all 238 existing members participate in the voting on that day. The House has a total strength of 243, but there are some vacancies.

Among the 26 parties in the opposition grouping, at least 18 have a presence in the Rajya Sabha and collectively have 101 MPs. Additionally, the BRS with seven MPs is likely to vote against the bill, while the YSR Congress with nine MPs may support it.

On the other hand, the ruling NDA holds 100 MPs in the Upper House and will rely on support from nominated members, Independents, and other non-aligned parties that have previously voted with them on various issues.

(With inputs from PTI)