The government tabled a bill in the Lok Sabha on Tuesday to replace the Delhi services ordinance that called for the creation of authority for the transfer and posting of Group-A officers in the national capital.
The National Capital Territory of Delhi (Amendment) Bill was tabled by Minister of State for Home Affairs Nityanand Rai amid protests by opposition MPs, who stormed the well and tore papers questioning the introduction of the bill.
The government had listed the Government of National Capital Territory of Delhi (Amendment) Bill among the 31 Bills that will be taken up for discussion in 17 sittings during Parliament’s monsoon session.
The Union cabinet approved the bill last week which will strengthen the Central government’s control over the national capital. The Opposition has been protesting on the issue since the beginning of the Monsoon Session of Parliament.
About Delhi Ordinance and Why it was Introduced
It all started in May, when the Supreme Court ruled that the government in Delhi could make laws and administer civil services in the state. The top court handed over the control of services in Delhi excluding police, public order and land, to the elected government of the Union Territory.
Before the May 11 verdict, the transfer and postings of all officers of the Delhi government were under the executive control of the lieutenant governor.
A week later, on May 19, the Narendra Modi-led BJP government promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 that sought to create an authority for transfer and disciplinary proceedings against bureaucrats from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
An ordinance is promulgated by the President on the recommendation of the Union Cabinet when Parliament is not in session. It is mandatory for Parliament to adopt a law to replace the ordinance within six weeks of the commencement of the next session.
Through the ordinance, that amended the Government of National Capital Territory of Delhi Act 1991 (GNCTD Act), the government aimed to return to its original position which it had taken on May 21, 2015 through a Home Ministry notification.
The aim of the ordinance is to “provide for a comprehensive scheme of administration of services” which “balances the local and domestic interests of the people of Delhi with the democratic will of the entire nation reflected through the President of India”.
The central government, right from the first PM Jawaharlal Nehru, has been promulgating ordinances to override judgements of the apex court.
Prior to this, the Centre brought two ordinances that can facilitate the extension of the tenure of the Directors of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) up to five years.
Matter in the Supreme Court
Delhi government challenged the centre’s Ordinance in the Supreme Court, which referred the Delhi government’s plea to a five-judge Constitution Bench last week.
The apex court said the Constitution Bench will examine whether Parliament can “abrogate the constitutional principles of governance” for the Delhi government by making a law to take away its control over services.
Did you know that the introduction of the Delhi Ordinance in the Rajya Sabha is impermissible?I explain the three reasons and more in this conversation. pic.twitter.com/Jf9N9gJCBR
— Raghav Chadha (@raghav_chadha) July 23, 2023
Meanwhile, AAP MP Raghav Chadha has wrote to Vice President and Rajya Sabha Chairman Jagdeep Dhankhar urging him not to allow the bill in the Upper House. Chadha called the Bill “unconstitutional” and urged the chairman to direct the BJP-led Centre to withdraw it and “save the Constitution”.
Political Slugfest
The ordinance, which would be replaced by a bill, started a conflict between the Aam Aadmi Party (AAP) government in Delhi and the Centre. Delhi Chief Minister Arvind Kejriwal has reached out to opposition parties to gain support against the ordinance. Kejriwal is trying to stop the Centre’s bid to replace it through a bill in the Parliament.
Thank u Kharge ji for standing wid the people of Delhi. This ordinance is anti-India and anti-national and ought to be fought tooth and nail https://t.co/SlMIsrW8KN— Arvind Kejriwal (@ArvindKejriwal) July 17, 2023
So far, AAP has got the support of Congress, Trinamool Congress, DMK, RJD and KCR-led Bharat Rashtra Samithi.
Some parties that are expected to support the NDA over the bill is YSR Congress. Other parties that have not yet decided their support include JD(S), BJD, BSP and TDP.
Comments
0 comment