'In One Single Stroke...': AAP MP Raghav Chadha Urges Withdrawal Of Delhi Ordinance In Letter To Rajya Sabha Chairman
The Government of National Capital Territory of Delhi (Amendment) Bill, 2023 seeks to replace the Centre's ordinance on control over administrative services in Delhi.
Aam Aadmi Party MP Raghav Chadha wrote a letter to the Rajya Sabha Chairman on Sunday urging him to direct the Bharatiya Janata Party-led Central government to withdraw the services ordinance that is to be introduced in the Upper House of the Parliament. Terming the bill “unconstitutional” Chadha urged not to allow the bill and “save the Constitution”. The Government of National Capital Territory of Delhi (Amendment) Bill, 2023 seeks to replace the Centre's ordinance on control over administrative services in Delhi and is likely to be introduced in Parliament during the ongoing Monsoon session.
"A Constitution bench of the Supreme Court unanimously held that as a matter of constitutional requirement, the civil servants serving in the Government of NCT of Delhi are answerable to the elected arm of the government i.e. the elected council of ministers presided over by the chief minister," Chadha said in his letter to Dhankhar.
This link of accountability was held to be "crucial" to a democratic and popularly accountable model of government, he added.
However, in one single stroke, the ordinance has undone this model by seizing this control again from the duly elected government of Delhi and vesting it in the hands of the LG, the Rajya Sabha MP said.
He alleged that the ordinance design was 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."
The AAP MP claimed that the Centre’s move has left the Delhi government "in a crisis of administration” and has jeopardised the day-to-day governance. He also claimed that the ordinance has led to the civil servants to “stall, disobey and contradict the elected government's orders."
Terming the ordinance "blatantly unconstitutional", he contended that the Bill seeking to replace it is "impermissible" on the face of it as by seeking to take away the control over services from the Delhi government, contrary to the apex court's decision, the ordinance has lost its legal validity.
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"The ordinance does not change the basis of the Supreme Court's decision, which is the Constitution itself," he said.
Chadha noted that Article 239AA(7)(a) of the Constitution empowers Parliament to frame a law to "give effect to" or "supplement" the provisions contained in Article 239AA.
"In conclusion, any law which the Parliament may make needs to supplement the provisions of Article 239AA and for only matters incidental or consequential to those provisions. Therefore, the proposed Bill which contains provisions contrary to the provisions of Article 239AA is not a valid exercise of the Parliament's legislative competence," the AAP leader said.
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