Govt tables Delhi Ordinance Bill

New Delhi: The Union government on Tuesday tabled the contentious National Capital Territory of Delhi (Amendment) Bill, 2023 in the Lok Sabha amid protests by the Opposition MPs, who termed it against "democracy, the Constitution, and the people of Delhi".

Defending the bill, Union home minister Amit Shah asserted that Parliament is "fully competent" to pass the bill and the protests are "politically motivated". Even as the Treasury Benches and the Opposition slug over the proposed legislation, some non-NDA parties, including the YSRCP and the BJD, have announced their support for the bill replacing the Delhi services ordinance.

The bill, approved by the Union Cabinet on July 25, will replace the ordinance on control of services in the national capital and empower the Delhi lieutenant-governor with the final authority regarding the transfers and postings of Delhi government officials.

Amidst protests and sloganeering, minister of state for home Nityanand Rai introduced the bill in the Lok Sabha. Opposition members, including Congress' Adhir Ranjan Chowdhury, Shashi Tharoor and RSP's N.K. Premachandran, protested against its introduction.

The bill will have all major provisions of the ordinance promulgated by the Central government on May 19, a week after the Supreme Court handed over the control of services in Delhi, excluding police, public order and land, to the elected government headed by chief minister Arvind Kejriwal.

In the bill, however, Section 3A, a provision in the ordinance that previously prevented the Delhi Assembly from enacting any law on "services", is removed. The bill, if passed, will give the Central government primacy over the Delhi government on the appointment of officers belonging to all India services and DANICS.

The bill has dropped the requirement mandated under the ordinance for the Delhi government to furnish annual reports to the Central government. It also dropped the provision mandating the placing of "orders or directives of ministers pertaining to proposals or matters required to be referred to the Central government before the L-G and the chief minister of Delhi".

In another departure from the ordinance, the bill added sub-section (b) to Section 45D of the bill to allow the NCT government to "recommend a panel of suitable persons for appointment by the L-G" to any authority, board, commission or statutory body. In the ordinance (under Section 45D), all such powers were with the President, or, in other words, with the Centre.

As the Opposition leaders stormed the well and tore papers questioning the introduction of the bill, Mr 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 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 Union 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," Mr Rinku said, amid Opposition slogans shouting against the government.

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

As the protests continued, 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.

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

"The bill vindicates the outrageous infringement of the government on the territory of the states... It aims to curb the powers of the Delhi government. The Centre wants to weaken democracy through the move," said Mr Chowdhury while discussing the introduction of the bill.

Replying to the Opposition's protests, parliamentary affairs minister Prahlad Joshi said Parliament is "fully competent" to pass the bill.

"If they want to talk about the merits of the bill, let them discuss it when there is consideration and passing," he said.

While the NDA is comfortably placed in the Lok Sabha to get the bill passed with over 330 members, in the Rajya Sabha also, with the support of the BJD, the YSR Congress and some nominated and independent members, it can cross the halfway mark.