Controversial Delhi Services Bill cleared

NEW DELHI: Parliament on Monday gave its nod to the contentious Government of National Capital Territory of Delhi (Amendment) Bill, 2023, with the Rajya Sabha approving it with 131 votes in favour and 102 against.

Introducing the bill in the Rajya Sabha, Union home minister Amit Shah said that the bill to replace an ordinance for handling the transfers and postings of officials in the Delhi government has been brought to safeguard the rights of the people and not to usurp the power of the AAP government.

With Naveen Patnaik’s BJD and the YSRCP supporting the bill, the Opposition pulled all stops, including bringing former Prime Minister Manmohan Singh on a wheelchair and an ailing Shibu Soren to the House, to shore up its numbers.

Replying to the over six-hour debate, Mr Shah assured the Upper House that the objective of the bill was “only and only to provide efficient, corruption-free governance and popular government”.
He also assured the members that there is not even a single provision that changes the status of the system prevailing since the Congress regime.

Asserting that the bill is constitutionally valid and it does not violate the Supreme Court judgment from any angle, the home minister said that Delhi is different from other states because it houses Parliament, embassies, the Supreme Court and regularly many state heads from different countries visit the national capital. Therefore, Delhi was made a Union territory.”

“Delhi is a Union territory with an Assembly with limited powers,” he said. In future, whoever fights elections in Delhi needs to understand this character, Mr Shah added.

”We have not brought the bill to usurp power. This is to stop the encroachment of the Delhi government on the Centre’s powers,” he added.

The bill was passed by the Lok Sabha last week.

Initiating the debate, Congress leader and noted lawyer Abhishek Manu Singhvi termed the Delhi services bill “unconstitutional” and “anti-democratic” and appealed to all Opposition parties to oppose it with the warning that “someday this anti-federal knock will come” at their door too.

He accused the government of bringing the bill out of "vendetta" and said it was against two verdicts of the Supreme Court Constitution Bench.

AAP leader Raghav Chadha said the bill is a “political fraud” and “constitutional sin” aimed at taking away the powers of an elected government in the national capital.

Describing the bill as “the most anti-constitutional, illegal, undemocratic legislation ever presented” in the House, Mr Chadha said, “I am stating today not representing two crore people of Delhi but 135 crore people of this country.”
Invoking the Mahabharata, he said his party seeks justice in the House.

Debating on the bill, RJD member Manoj Jha said that it’s a regressive bill and that a quorum will be made under the chairmanship of the chief minister which is “an instrument to decimate the idea of an elected government”.

He said people have been citing former PM Jawaharlal Nehru that he did not want Delhi to be given full statehood but 67 years have passed.

“At the time of Nehru how much focus was on public areas, now we are focussing on selling it. This change has come,” Mr Jha said.

He also said that if bureaucrats are not answerable to the minister, “will it not lead to lawlessness”.

During the debate, Rajya Sabha Chairman Jagdeep Dhankhar on Monday accused TMC member Derek O’Brien of doing “theatrics” in the House to gain publicity during a heated debate on the Delhi services bill.

Mr Dhankhar’s outburst came after the TMC member refused to confine his speech to the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 and unleashed a litany of allegations against the Central government.

“This has become your habit. You are doing this as part of a strategy.You think you will enjoy publicity outside. You ravaged this House. Sit down,” the Chairman told Mr O’Brien.

“Are you here for dramatics, theatrics, is it your oath... Such outsmarting never pays... Here is a member who is here for personal publicity. I take strong note of this,” a visibly upset Dhankhar said.

The two ailing members of the House — former PM Manmohan Singh and JMM leader and former Union minister Shibu Soren — were also present in the House and voted against the bill.

The ordinance was 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.

The Delhi government had approached the Supreme Court for a stay on the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated on May 19.

However, the Supreme Court last month refused to grant an interim stay on the Centre’s ordinance. It referred the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to a Constitution Bench.