New Delhi: The Rajya Sabha on Monday, August 7, passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaces the contentious Delhi ordinance on the control of services in the national capital.
In the Rajya Sabha, the Bill was passed with 131 votes in favour of it, and 102 against, after opposition members demanded a ‘division’ instead of a voice vote. This method involves physical counting of the votes. The Bill was earlier passed by the Lok Sabha last week by a voice vote.
Proceedings of the house continued past 9 pm on Monday and were delayed further after a technical snag in the voting machines meant that voting had to be conducted with paper slips instead.
There was high drama after members like Biju Janata Dal’s Sasmit Patra, All India Anna Dravida Munnetra Kazhagam’s Thambi Durai, Bharatiya Janata Party’s Sudhanshu Trivedi and S Phangnon Konyak said that their signatures had been added to an amendment motion moved by Aam Aadmi Party MP Raghav Chadha demanding that the Bill be sent to a select committee.
Deputy chairman Harivansh Narayan Singh said that an investigation will be conducted after Union home minister Amit Shah alleged the AAP had taken their corrupt practices from the Delhi government to the parliament.
The almost six-hour-long debate saw 34 MPs participating in the discussion.
Shah said that the Bill is being brought to bring “corruption free governance in Delhi”.
After the passage of the bill, Delhi chief minister Arvind Kejriwal said in a video address that the Modi government had passed an unconstitutional law.
“The BJP government at the Center has insulted the vote and rights of the people of Delhi by passing an unconstitutional law in Parliament today that enslaves the people of Delhi.”
He said that now the prime minister will decide on “transfer of peons in Delhi.”
“The only reason they have brought in this bill is because in the last eight years the work we have done by providing quality education, free electricity and water-they cannot do it.
“That is why they have brought in this bill.”
Taking a swing at Shah who accused the AAP government of fighting with the Union government, Kejriwal said: “Even if I fight, that is why people of Delhi have voted for me four times because they like the work that I am doing.”
The Bill will replace the Delhi ordinance brought on May 19, overriding an order by the apex court which ruled that only Delhi’s elected government has authority over civil servants. The court also ruled that except for issues linked to land, police, and public order, the lieutenant governor has “no independent decision-making powers” under the constitution.
While the new Bill removes the contentious Section 3A of the ordinance that held that the Delhi legislative assembly will not have control over services under Entry 41 of List II of the Seventh Schedule of the constitution, it empowers the Lieutenant Governor (L-G) and makes him the final authority in several important matters.
Shah targets AAP, Congress
Echoing his remarks in the Lok Sabha, Shah said that the Bill was not unconstitutional and did not go against the Supreme Court order.
“There were no fights between successive Congress and BJP governments in power in Delhi and at the centre over how to rule Delhi or over transfer postings. But this changed in 2015 when a party which was formed on the basis of an andolan (revolution) formed the government in Delhi.”
Hitting out at the opposition that accused the Modi government of over centralisation, Shah said the Modi government does not need to take power in its own hands.
“The central government does not need to take power in its own hands. One thirty crore Indians have given us the right to rule,” he said.
Accusing the AAP government of corruption, Shah said that within hours of the Supreme Court order on May 11, the AAP government acted on transferring officers in the vigilance department.
“Why did they target the vigilance department and not roads or social welfare? Are they not linked to governance? The reason they targeted the vigilance department and started transferring officers because the excise duty files were lying there,” he said.
Targeting the Congress too, Shah said that the party has no right to talk about democracy.
“Congress has no right to speak about democracy. How can you speak about democracy? Over three lakh political workers were imprisoned during Emergency. Newspapers were shut down. The Indian Express had to run blank pages. Now they are talking about democracy?”
Shah also said that the Bill only makes a law out of the 1993 Rules of Transaction of Business of the Government of National Capital Territory of Delhi that was brought by the Congress government.
“We have not brought anything new. Delhi is running on the 1993 transaction of business rules made by the Congress. We have only made it into an act and have done so because there is a government which does not abide by rules,” he said.
“If the Congress has a conscience they should stand by this Bill but they won’t because they have to save their alliance.”
He also accused the members of the INDIA alliance of joining hands with those who they had opposed earlier, citing examples of how the AAP was born out of opposing the Congress, the Trinamool Congress broke away from the Congress and how the Janata Dal (United) opposed Lalu Prasad Yadav’s Rashtriya Janata Dal.
“They have come together because they know on their own cannot do anything in 2024. Even if you add another five or 10 people nothing will happen because in May 2024, Modi will become the prime minister again.”
Leader of opposition in the House and Congress president Mallikarjun Kharge then stood up to oppose Shah and said that he is using the Bill to deliver an election speech.
“Shah is speaking on the ordinance which is okay. But he is talking about emergency and 2024 elections. Half of them [in the BJP] are from the Congress. Even you [House chairman Jagdeep Dhankhar] are from the Congress.
“Shah is giving a 2024 poll speech from here that they will win 2024, he should speak on the issue instead,” said Kharge.
INDIA bloc hits out at YSRCP, BJD for supporting BJP
Earlier during the debate, the members of the opposition INDIA alliance accused the government of weakening federalism and trained their guns on the BJD and Yuvajana Sramika Rythu Congress Party that supported the legislation.
Congress MP Abhishek Manu Singhvi said that the bill has been brought by a “control freak sarkar.”
“It is the fitrat [character] of this control freak sarkar whose visiting card appears to be vendetta and identity badge is of a fuming electoral ruler whose approach is to control, control and control, more by crook and less by hook. This bill is unconstitutional and a frontal assault on the regional voice of the people of Delhi, and all norms of civil service accountability,” he said.
“We must all oppose it because someday this anti-federal knock will come on your door.
Those who are opposing, some day the same could happen to you, and sabka number aayega [everyone’s time with justice will come],” he said.
Tiruchi Siva, Dravida Munnetra Kazhagam MP, said that the Bill must be opposed because it is not a question of helping AAP but of safeguarding states.
“It is not helping but also about safeguarding. If this fire is not put out it will engulf us all. All these years we have preserved our independence and democracy and now the world’s largest democracy is in peril,” he said.
AAP MP Raghav Chadha said that the Bill is a “political fraud, constitutional sin and goes against administrative law.”
Referring to a motion brought by BJP veteran L.K. Advani in parliament in 2003 demanding full statehood for Delhi, Chadha urged Shah to not be like Nehru who had opposed Delhi’s full statehood.
“Amit Shah said Nehru said Delhi should not get full statehood. I want to tell the home minister don’t be Nehruvaadi be Advanivaadi and give full statehood to Delhi.”
“The real reason behind this bill is in the last six elections in 25 years in Delhi BJP has lost. Because they know that due to Kejriwal they won’t win for another 25 years so they have decided to destroy the constitution.”
He also said to the non-BJP parties supporting the bill, that when “their house is on fire, AAP will stand with them.”
Manoj Jha, RJD MP said that the AAP had supported the reading down of Article 370 in Jammu and Kashmir but are now facing a similar situation.
“I see (this Bill) as a warning and tomorrow this will also come to those who are talking about neutrality and being equidistant and supporting this. AAP had taken a different position on Article 370 in Kashmir. Today they are understanding why we took this position then of being against the revocation,” he said.
BJD MP Sasmit Patra reiterated his party’s position and said that they stand equidistant from both the Congress and the BJP.
“Our stand today does not change. BJD is in favour of this bill because it supports parliament’s legislative competence on these matters. We will continue to be equidistant from BJP and Congress and support the constitutional position of the parliament’s power to legislate,” he said.
V. Vijayasai Reddy of the YSRCP lashed out at the AAP and said its acronym stood for an “absolute anarchy party.”
“I would like to remind Raghav Chadha that the fire doesn’t start just like that without fuel. It is AAP which has put the fuel which is behind the state of affairs prevailing now. I would only advice them not to play with the fire. Because that very fire may engulf them. The AAP is ‘absolutely anarchy party’ and what they are doing is nothing less than anarchy,” he said.
The debate also saw other speakers from the opposition including TMC MPs Derek O’Brien, Sukhendu Sekhar Ray, Congress MP P. Chidambaram, and Shiv Sena MP Sanjay Raut among others. From the treasury benches the debate saw participation from Union minister Hardeep Singh Puri, and BJP MPs Sudhanshu Trivedi, Surendra Singh Nagar, Anil Jain, among others.
The discussion in the Rajya Sabha also saw former prime minister Manmohan Singh attending the proceedings ahead of the voting and cast his vote on the bill.