Aam Aadmi Party (AAP) MP Raghav Chadha on Sunday said that he has written to Rajya Sabha chairman Jagdeep Dhankhar to oppose the introduction of a contentious Bill replacing the Delhi ordinance.
"The introduction of the Bill in Rajya Sabha to replace the Delhi Ordinance is impermissible for three important reasons. I hope the Chairman will not permit the introduction of the Bill and direct the government to withdraw it," Chadha told ANI.
He asserted that no law can overturn a verdict by the Supreme Court without changing the bases of the judgement.
In his letter, Chadha maintained that the Bill could not be passed because it sought to amend the Supreme Court verdict without amending the Constitution and violated Article 239AA.
"The Ordinance's design is evident, i.e. to strip the Government of NCT of Delhi down to only its elected arm - enjoying the mandate of the people of Delhi, but bereft of the governing apparatus necessary for meeting that mandate. This has left the GNCTD in a crisis of administration, put day-to-day governance in jeopardy, and has led the civil service to stall, disobey, and contradict the elected Government's orders," he said in the letter to Dhankhar.
Chadha also asserted that the Bill lacks valid legislative competence and is unconstitutional. "Laws are created to supplement the Articles of the Constitution. This Bill has been introduced to violate Article 239AA, rather than put it into effect and destroy the letter and spirit of the Constitution," the AAP MP further told ANI.
According to Chadha, the matter of the Delhi ordinance is subjudice in the court by a five-judge constiutional bench, so it should be tabled for discussion or presented into the Parliament, adding that it falls outside the authority of the Rajya Sabha.
The Supreme Court on Thursday had referred the Delhi government’s plea challenging Centre's Services Ordinance, to a five-judge Constitution bench.
What is the Delhi Ordinance
To create authority for the transfer and posting of Group-A officers in Delhi, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, on May 19. The Kejriwal government has termed the Ordinance as a "deception" with the Supreme Court verdict on control of services.
The ordinance, which came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
The Ordinance was brought to amend the Government of National Capital Territory of Delhi Act, 1991 and it circumvents the Supreme Court judgement in the Centre vs Delhi case. On May 11, a five-judge Constitution bench headed by Chief Justice D Y Chandrachud ruled that the division of administrative powers between the Union and Delhi government "must be respected" and held that the Delhi government has "legislative and executive power over services" in the national capital, including the bureaucrats, except those relating to public order, police and land.
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