Raghav Chadha, a leader of the Aam Admi Party (AAP) and a member of parliament, wrote to Jagdeep Dhankar, the chairman of the Rajya Sabha, on Sunday to request that the government withdraw the Bill that would have replaced the Delhi ordinance.
“Today, I have written a letter to the Rajya Sabha Chairman Jagdeep Dhankhar opposing the introduction of the Bill replacing the Delhi Ordinance. The introduction of the Bill in Rajya Sabha to replace the Delhi Ordinance is impermissible for three important reasons,” the AAP MP said while speaking to ANI. He explained why the introduction of the bill in the Upper House is “impermissible” for three important reasons.
“My letter to the Hon’ble Chairman of Rajya Sabha opposing the very introduction of the Bill replacing the Delhi Ordinance. The introduction of the Bill in Rajya Sabha to replace the Delhi Ordinance is IMPERMISSIBLE for three important reasons, as highlighted in the letter. I hope the Hon’ble Chairman will not permit the introduction of the Bill and direct the government to withdraw it,” Chadha wrote in a tweet while sharing pictures of the letter.
“Firstly this Ordinance and any Bill along the same lines as the Ordinance seeks essentially to undo the position laid down by this court amending the Constitution itself from which this position flows This is on the face of it impermissible and unconstitutional. By seeking to take away control over “Services” from the Delhi Government, contrary to the Supreme Court’s decision, the Ordinance has lost its legal validity because no law can be made to nullify the court’s decision without changing the basis of that decision. The Ordinance does not change the basis of the Supreme Court’s decision, which is the Constitution itself,” the AAP MP has said in the letter.
“Secondly, Article 239AA(7)(a) empowers Parliament to make a law to “give effect to” or to “supplement” the provisions contained in Article 239AA. Under the scheme of Article 239AA, control over ‘Services’ lies with the Delhi Government. A Bill in line with the Ordinance is, therefore, not a Bill to “give effect to” or “supplement” Article 239AA but a Bill to damage and destroy Article 239AA, which is impermissible,” he said.
“Thirdly, the Ordinance is under challenge in the Supreme Court, which vide its order dated 20 July 2023 has referred the question of whether an Act of Parliament (and not just an Ordinance) can violate the substantive requirements of Article 239AA, to a Constitution Bench. As the constitutionality of any Act that may be passed by the Parliament is already before a Constitution Bench of the Supreme Court, it will be proper to await the outcome of the decision before introducing the Bill,” he added.
The ordinance on the transfer and posting of bureaucrats in Delhi was introduced in May by the BJP-led central government, effectively overturning a Supreme Court decision that had given the elected government in Delhi control over service-related issues. The ordinance aims to create a National Capital Civil Service Authority for the transfer of Group-A officers from the DANICS cadre and disciplinary actions against them. Before the May 11 ruling of the Supreme Court, the lieutenant governor exercised executive control over all officer transfers and postings within the Delhi government.
