New Delhi: The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, was passed Monday night by the Rajya Sabha in spite of the opposition’s concerted efforts to stall the legislation, including sending it to a select committee of the House.
Before the Bill was put to vote, the House saw an acrimonious debate that lasted over eight hours, during which Union Home Minister Amit Shah asserted that the Centre’s move was aimed at preventing the “abuse of power” by the AAP-led Delhi government.
Following the debate, division voting — which allows for the vote of every MP to be recorded — was held, but it was not bereft of drama as it was conducted using paper slips due to a technical slag hitting the electronic system of the Upper House, prompting the Opposition MPs to taunt the government on the state of “Digital India”.
The passage of this Bill paves the way for the Delhi services ordinance to now become a law that takes away the powers of the Delhi government to transfer and post civil servants
It comes as a huge blow to Aam Aadmi Party (AAP) supremo and Delhi Chief Minister Arvind Kejriwal who had toured extensively across the country seeking support against the Bill from various party leaders and Chief Ministers.
In spite of not having an absolute majority in the Upper House, the BJP-led government managed to pass the Bill with 131 members voting in support of the Bill and 102 members voting against. As many as 34 members spoke during the discussion. Former Prime Minister Manmohan Singh, who attended the session on a wheelchair, and JMM founder Shibu Soren were also present in the House.
In total, 233 of the 238 members of the Rajya Sabha took part in the voting process. The government sailed through due to the support extended by the nine MPs each of the BJD and the YSRCP.
For the INDIA alliance, notable absentees included RLD chief Jayant Chaudhary, who is the sole representative of his party in the upper house, and independent MP Kapil Sibal, who was elected with the support of SP.
Controversy broke out before the Bill went to vote when five MPs raised objection to their name being included in a motion to send the bill to a select committee moved by AAP MP Raghav Chadha.
These MPs include BJD’s Sasmit Patra, BJP’s Sudhanshu Trivedi and S. Konyak, and AIADMK’s M. Thambidurai.
After the matter was raised on the floor of the House, Home Minister Amit Shah suggested that it be referred to the privileges committee. However, the deputy chairman said that the matter will be “enquired”.
The discussion on the Bill saw members debating on parliamentary competence, judicial overreach and attack on federalism. Opposition members also questioned why the Union government had promulgated the ordinance that the Bill is replacing within a week of the Supreme Court delivering its verdict on the case.
Like in the Lok Sabha, the government also attacked the AAP for its alliance with the Congress after having come to power on an anti-Congress plank. The government also cited corruption charges against the AAP leadership to justify the need of the law. It also refuted that fact that the Bill was unconstitutional or constituted judicial overreach.
Speaking in response to the debate, Shah chastised the opposition for speaking about democracy, citing the Emergency era to attack the Congress. He also spoke about the Delhi liquor scam, taking a dig at the Bharatiya Rashtra Samiti (BRS) for opposing the Bill stating that they’re hand-in-glove with the AAP.
“The aim (of the Bill) is to ensure corruption-free administration in Delhi,” Shah said, asking why previous Delhi and Union governments did not have a fight over services in the Union Territory.
“Earlier, there were no fights over transfer postings in Delhi, no CMs had any problems. In 2015, a government came up after an ‘andolan’,” Shah said, taking a swipe at the AAP.
“Some people said that the Centre wants to take power into its hands. The Centre doesn’t need to do so as the people of India have given us the power and the right.”
Shah further stated that Bill did not violate the Supreme Court’s order on the case. Reiterating what former CJI Ranjan Gogoi said, Shah said that the portion of the ordinance (3A) that was under court scrutiny was removed from the final draft Bill.
He also alleged that the AAP transferred officers from the vigilance department to cover up the Delhi excise scam.
Soon after the Bill was passed, Delhi CM Arvind Kejriwal gave an online address.
“PM Modi promised full statehood in 2014 but the BJP has stabbed the people of Delhi in the back, by passing this Bill. People of Delhi will not give a single seat to the BJP in the Lok Sabha polls,” he said in a live stream.
“Today, after 75 years of Independence, PM Modi has snatched the freedom of the people of Delhi. He has a made a colonial law, one that the British had made in 1935. There will be elections and the people of Delhi can choose its government, but this government will not have the power to work.”
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Opposition attacks ‘control freak sarkar’, AAP-YRSCP spar
Opening the debate for the opposition, Congress MP and lawyer Abhishek Manu SInghvi said that the Bill was against the Westminster style of democracy and eliminated “two of the three fundamental but distinct interlocking institutions”.
“The Bill simply eliminates the second and third — civil service and regulatory agencies. The object is not to make Hamlet the Prince of Denmark, not even the Slave of Denmark, but to take over Denmark itself. It is to make Denmark a hollow shell”, said Singhvi.
Singhvi further said that the Bill was “retrogressive” and “unconstitutional”, called the Modi government a “control freak Sarkar”.
During the debate, AAP MP Raghav Chadha urged members of the House to vote on their conscience and even indicated that MPs vote out of party line.
“I rise to oppose this Bill by stating why this is a political fraud, a constitutional sin and will create an administrative logjam,” Chadha said.
He also hit out at the BJD and the YSRCP to say that they may have had some limitations because of which they decided to side with the BJP on the Bill.
Responding to Chadha, YSRCP MP Vijaisai Reddy said that the AAP government was taking funding from separatist elements. “The AAP is the Absolute Anarchy Party,” Reddy said.
Senior Congress leader P. Chidambaram launched a stringent attack at the Centre in the Rajya Sabha over the Bill, which he termed “unconstitutional”.
“I appeal to the House not to proceed with this bill because this bill (Delhi services bill) is unconstitutional. Law ministry knows it is unconstitutional. This government will face a spectacular failure when this Bill is taken up,” Chidambaram said.
Participating in the discussion, Trinamool Congress MP Derek O’ Brien, said, “Mr Narendra Modi is the child of federalism. Why would a child of federalism mutilate federalism? Why would a child of federalism come to Parliament and in the last three years, ensure that about one-third of the Bills passed here in Parliament is anti-federal?”
O’Brien went on to add that Modi and his cabinet believes in transactional federalism. “… we will oppose the Bill whether you give the Rs 12,000 crore which you owe us … Transactional federalism will not work,” he said.
This is an updated version of the article.
(Edited by Tony Rai)
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