The introduction of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, in Lok Sabha sparks heated debates between the ruling party and the opposition over Delhi Assembly’s powers and constitutional implications.
Source: The post is based on the article “Delhi services Bill tabled in LS amid Oppn protests, Amit Shah calls their dissent ‘political’” published in Indian Express on 3rd August 2023.
Source: The post is based on the article “AAP opposition to Delhi services bill aimed at hiding corruption: Amit Shah” published in The Hindu on 3rd August 2023.
Table of Contents
Introduction
The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, introduced in the Lok Sabha, has ignited a fierce exchange of arguments between the government and the opposition. While the government asserts that the bill is constitutional, the opposition sees it as a direct challenge to Delhi Assembly’s powers and a potential infringement on cooperative federalism.
The Bill’s Purpose and Context
- The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, aims to replace the National Capital Territory of Delhi (Amendment) Ordinance, 2023.
- The Ordinance was promulgated on May 19, 2023, shortly after the Constitution Bench of the Supreme Court granted more powers to the Delhi government over services in the national capital.
Opposition’s Allegations
- Constitutional Infringement:
- The opposition, led by Congress leader Adhir Ranjan Chowdhury, accuses the government of violating the Constitution and undermining cooperative federalism.
- Chowdhury perceives the bill as an attempt to diminish Delhi Assembly’s authority and consolidate power at the Centre.
- Rights of Delhi Assembly:
- Opposition leaders argue that services fall under the State List and Concurrent List of the Constitution, empowering the Delhi Assembly to legislate on such matters independently.
- They believe that the bill seeks to override the Supreme Court’s judgment, which affirmed Delhi government’s rights.
- Implications for Federalism:
- According to the opposition, the bill’s attempt to alter the Supreme Court’s verdict and interfere in Delhi government’s affairs threatens the principles of federalism.
- The bill’s provisions allegedly grant more powers to the Lieutenant Governor, diluting the autonomy of the elected Delhi government.
Government’s Defense
- Constitutional Powers of Lok Sabha:
- Union Home Minister Amit Shah contends that the objections raised by the opposition are political and have no constitutional basis.
- He asserts that the Lok Sabha has absolute power to enact any law for the Delhi state, as conferred by the Constitution.
- Clarification on Legislative Competence:
- The government dismisses the opposition’s claims of legislative incompetence, emphasizing that the Lok Sabha is fully competent to pass the bill.
- The House stands within its rights to introduce and deliberate on the proposed legislation.
- Alignment with Supreme Court’s Verdict:
- The government highlights the Supreme Court’s pronouncements, stating that Parliament has the authority to enact laws for the Union Territory of Delhi, as upheld in various parts of the judgment.
- They argue that the bill aligns with the court’s position on legislative competence.
House Proceedings
- The introduction of the bill was met with vociferous protests from the opposition, leading to heated debates and disruptions in the Lok Sabha.
- Speaker Om Birla issued warnings to maintain decorum, but the opposition continued to protest, resulting in the adjournment of the House until 3 pm.
Conclusion
The introduction of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, has triggered a fierce political standoff in the Lok Sabha. While the government defends the bill’s constitutional validity and alignment with the Supreme Court’s verdict, the opposition raises concerns about potential infringements on Delhi Assembly’s powers and federalism principles. As the debates continue, the fate of the bill and its implications on Delhi’s governance and cooperative federalism remain uncertain.
Summary:
The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, introduced in the Lok Sabha, sparks intense debates between the government and the opposition. While the government argues that the bill is constitutional and aligns with the Supreme Court’s verdict, the opposition alleges violations of Delhi Assembly’s powers and cooperative federalism. The bill’s provisions have raised concerns about the autonomy of the elected Delhi government and its relationship with the Centre. As the House deliberations continue, the political implications of the bill remain a subject of contention.
Frequently Asked Questions (FAQs) – Government of NCT of Delhi (Amendment) Bill, 2023
1. What is the Government of NCT of Delhi (Amendment) Bill, 2023?
The Government of NCT of Delhi (Amendment) Bill, 2023, is a proposed legislation introduced in the Lok Sabha to replace the National Capital Territory of Delhi (Amendment) Ordinance, 2023. It aims to address the control of services in Delhi.
2. What is the context behind introducing this Bill?
The Bill was introduced following the Supreme Court’s judgment in the Government of NCT of Delhi v. Union of India case, which granted more powers to the Delhi government over services in the national capital. The Ordinance was promulgated eight days after the Supreme Court’s verdict.
3. What are the objections raised by the Opposition?
The Opposition contends that the Bill violates the principles of federalism and undermines Delhi Assembly’s powers. They argue that services fall under the State List and Concurrent List, giving Delhi Assembly the right to make laws regarding services without any obstacles.
4. What is the Government’s response to the Opposition’s objections?
The Government dismisses the Opposition’s objections as political and asserts that the Lok Sabha has absolute power to enact any law for Delhi state, as per the Constitution. They also argue that the Bill aligns with the Supreme Court’s verdict on legislative competence.
5. How does the Bill impact the autonomy of the Delhi government?
The Opposition believes that the Bill aims to consolidate power at the Centre and grants more powers to the Lieutenant Governor, thereby diluting the autonomy of the elected Delhi government.
6. Can Parliament enact laws for the Union Territory of Delhi?
Yes, the Supreme Court has clarified in its judgment that Parliament can enact any law for the Union Territory of Delhi. This has been affirmed in various parts of the judgment.
7. How has the Lok Sabha proceedings been affected by the Bill?
The introduction of the Bill led to vociferous protests by the Opposition in the Lok Sabha, resulting in heated debates and disruptions. The Speaker warned against decorum violations, and the House was adjourned until 3 pm due to the ongoing protests.
8. What are the implications of the Bill on federalism?
The Opposition views the Bill’s attempts to alter the Supreme Court’s verdict and interfere in Delhi government’s affairs as a threat to the principles of federalism. They believe that it weakens the importance of federalism, essential for a democratic setup.
9. How does the Bill aim to replace the Ordinance?
The Government of NCT of Delhi (Amendment) Bill, 2023, seeks to replace the National Capital Territory of Delhi (Amendment) Ordinance, 2023, which was promulgated earlier. The Bill’s introduction in the Lok Sabha is part of the legislative process.
10. What is the status of the Bill after its introduction in the Lok Sabha?
As of now, the Bill has been introduced in the Lok Sabha and is undergoing debates and discussions. Its fate and potential amendments will be determined through further proceedings in the House.
Note: These FAQs provide information on the Government of NCT of Delhi (Amendment) Bill, 2023, its context, implications, and responses to the Opposition’s objections. The status of the Bill is subject to further legislative proceedings and developments.
