The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which was introduced in the Lok Sabha on Tuesday, faced strong opposition from several parties.
The bill seeks to give more authority to the Lieutenant Governor (LG) in Delhi and nullify a Supreme Court ruling that granted more autonomy to the elected government.
Union home minister Amit Shah justified the bill by referring to a paragraph of the Supreme Court’s judgment on May 11, which stated that the Parliament and the Delhi assembly have concurrent powers over matters in List II and List III of the Seventh Schedule of the Constitution, except for those excluded by Article 239AA(3)(a).
He also pointed out that Article 249 of the Constitution allows Parliament to legislate on any matter in the State list in the national interest.
Shah accused the Opposition of making a “political” issue out of the bill and said it does not violate any constitutional provision or court order. He said the bill aims to clarify the roles and responsibilities of the LG and the Delhi government and ensure better governance.
However, many Opposition leaders objected to the introduction of the bill, saying it undermines the federal structure and democracy. They argued that the bill takes away the power of the Delhi government to make laws on services and transfers it to the LG.
They also claimed that the bill is an attempt to overturn the Supreme Court verdict that gave more control over the bureaucracy to the Delhi government, except for police, public order and land.
Congress leader Adhir Chowdhury said the bill “vindicates the outrageous infringement of the powers of the Delhi govt” and alleged that the Union Government is making a “graveyard of cooperative federalism”.
AIMIM leader Asaduddin Owaisi said the bill “violates Article 123” which deals with the President’s power to promulgate ordinances when Parliament is not in session. He also said it violates the “theory of separation of power” and demanded a division on its introduction.
Trinamool Congress leader Saugata Ray said the bill was outside the legislative competence of the government as it was brought to override the Supreme Court judgment. He said the government was trying to “totally abrogate” the power of the Delhi government.
Congress leader Gaurav Gogoi called the bill “unconstitutional” and said no substantive motion could be taken up till the Lok Sabha discusses the no-confidence motion that was moved last week. The no-confidence motion is scheduled for August 8.
Congress leader Shashi Tharoor said the bill undermines both the Delhi assembly and the Supreme Court judgment. He said if the Delhi government cannot control or hold officers accountable, it cannot function properly.
The BJD leader in Lok Sabha, Pinaki Misra, expressed his party’s backing for the bill and challenged the Opposition on the question of legislative competence.
He said the bill was based on the Supreme Court’s judgment and the Opposition could not oppose its introduction on legal grounds.
He said to the Opposition leaders, “The government has brought a law following the Supreme Court’s verdict. How can you question its legislative competence? You cannot challenge the introduction of this bill on a point of law.”