Delhi Assembly to send resolution against MHA notification to President, MPs

New Delhi: Delhi Assembly has decided to send to the President, Lt Governor and MPs copies of the resolution which it passed today against the MHA notification giving absolute powers to the LG.

Delhi Assembly accepted four amendments by three MLAs on a Private Member's Resolution moved by AAP MLA Somnath Bharti in the Legislative Assembly on the first day of the session.

AAP MLA Somnath Bharti yesterday moved a private member resolution and called the Central government notification "illegal" and "invalid". This house also recommended the government to bring legislation for creation of NCT Public Service.

"This House is of strong and unambiguous opinion that this notification is unconstitutional and invalid and expects the Government of NCT of Delhi to take all such necessary action, as it deems fit," reads the resolution.

Bharti, in his resolution, claimed that the notification is "violative" of the provisions of the Constitution of India.

"Subjects which are beyond the legislative competence of the Legislative Assembly of Delhi, are explicitly mentioned in Article 239AA (3)(a), (b) and (c) and do not give any powers to the Central Government to add any entries to the list of reserved subjects through notification," it reads.

"The Ministry of Home Affairs has passed this notification without any jurisdiction to do so. Therefore, it is an illegal and invalid exercise of powers on the part of the Ministry of Home Affairs," it further reads.

Bharti, in his resolution, mentioned that act of Ministry of Home Affairs as an attempt on the part of the Central government, to "encroach" upon the legislative powers of the Assembly in a completely "unconstitutional and illegal manner".

"Therefore, this house declares this notification as unconstitutional and invalid," Bharti said while moving his resolution.

In the resolution, Bharti said that this house urges President Pranab Mukherjee to invoke his powers under Article 143 and to make a reference to the Supreme Court to clearly define the powers and responsibilities of the elected Government of Delhi, the Lieutenant Governor (Delhi) and Central Government with respect to legislative and executive functions of Delhi, to prevent recurrence of such incidents in future.

He said opinions received from constitutional and legal experts have also stated that the central government notification is unconstitutional and illegal.

The resolution mentions that the Central government has sought to "encroach" upon the powers of Parliament also through this notification.

"The Parliament of India through Members of Parliament is supreme and members of Lok Sabha and Rajya Sabha are the only authorised persons empowered under the Constitution of India to make changes in the Constitution under Article 368 of the Constitution of India. I would further urge this house to write to all Members of Parliament of Lok Sabha and Rajya Sabha about the unconstitutional act of Ministry of Home Affairs," reads the resolution.

During the Assembly, several members of the House brought to the notice the situation in health, power, water and some other essential services have started deteriorating since the issue of the notification, as this notification has brought confusion in the minds of officers and employees of the government.

This resulted in indiscipline and complacency amongst the officers and the employees, thereby affecting the essential services.

So through the resolution, the Assembly directs the Council of Ministers to continue allocating the work to its officers and employees.

"The House expects the officers and employees of the Government to follow the orders related to work allotment without any fear. This House assures them that as long as they continue working sincerely in the service of the people of Delhi, this House will not let any officer or employee be victimised by any extraneous element," it reads.

The resolution was passed with a majority with a dissent by BJP MLAs who walked out of the Assembly.