Aam Aadmi Party (AAP) MP Raghav Chadha wrote to Rajya Sabha Chairman Jagdeep Dhankhar on Sunday, urging him to prevent a bill that seeks to replace the Delhi Ordinance giving control of ‘services’ back to the Delhi Lieutenant Governor to be introduced in the Upper House of Parliament.
In his letter, the AAP MP urged the Rajya Sabha Chairman to direct the Union Government to withdraw it “in order to safeguard the Constitution and uphold the principles of democratic governance in Delhi.”
The BJP-led Central government brought the ordinance on the transfer and posting of bureaucrats in Delhi in May, virtually negating a Supreme Court verdict giving the elected government in Delhi the control over services matters.
Chadha in his letter said: “Any law enacted by Parliament must “supplement” the provisions of Article 239AA and remain within the bounds of matters incidental or consequential to those provisions. Therefore, the proposed Bill, containing provisions contrary to Article 239AA, lacks valid legislative competence and is unconstitutional.”
In his letter, the AAP MP has stated: “On 11 May 2023, 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. This link of accountability was held to be crucial to a democratic and popularly accountable model of government.”
The MP further places on record that 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 unelected LG.
“The Ordinance’s design is evident, i.e., 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. This has left the GNCTD in a crisis of administration, put day-to-day governance in jeopardy, and has led the civil service to stall, disobey, and contradict the elected Government’s orders.”
“I would therefore request you to not permit the introduction of this Bill and direct the Government to withdraw it and save the Constitution,” the AAP MP said in his letter.
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