Government of Delhi Bill Passes, Expanding Powers of Lt Governor-Led Administration
In a significant development, the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which grants extensive powers to the Lt Governor and bureaucrats, has been approved by Parliament. The bill, aimed at replacing the existing ordinance on control of services in the National Capital, received parliamentary clearance on Monday with 131 votes in favor and 102 against.
The ruling alliance, along with the support of the BJD and YSRCP, managed to successfully pass the bill in the Upper House of Parliament. Despite the Opposition’s efforts, including the presence of former Prime Minister Manmohan Singh and the ailing Shibu Soren for voting, they fell short of the anticipated count, failing to prevent the passage of the bill.
During the eight-hour-long debate, marked by bitter exchanges between the Opposition and the Treasury benches, Union Home Minister Amit Shah strongly criticized the Opposition. He emphasized that the bill does not violate the Supreme Court’s judgment in any way.
The bill comes as a replacement to the ordinance that was issued following the Supreme Court’s ruling on the control of services in Delhi by the elected government. The AAP government had challenged the ordinance’s constitutional validity, leading the Supreme Court to refer the matter to a Constitution Bench.
Representatives from the Congress party, including P Chidambaram, Abhishek Manu Singhvi, and Raghav Chadha from the AAP, strongly criticized the bill. In response, Union Home Minister Amit Shah clarified that the bill was not introduced to protect the Prime Minister’s membership or impose an Emergency, asserting that no changes were made to the Constitution to impose an Emergency.
Shah defended the bill by addressing concerns raised by the Opposition regarding officers being given the power to draft Cabinet notes. He explained that, based on his experience in two governments, it is the officers who prepare the Cabinet notes, and he personally signs files rather than Cabinet notes.
Shah further pointed out that the provisions in the bill align with the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993, which were implemented by the Congress. He added that the rules included in the bill are not new, but are incorporated due to the non-compliance of rules by the Delhi government.
The Union Home Minister highlighted that the ordinance became necessary because the AAP government was transferring officers and directing Joint Director-level officers to report directly to the Minister. He questioned why only the vigilance department was targeted and not other departments like transport, Jal Board, road and building, or social welfare, suggesting it was due to the vigilance department’s involvement in excise policy cases and the liquor scam.
Shah defended the urgency behind the ordinance, mentioning that former Home Minister Chidambaram had questioned it. He explained that the urgency was to prevent the hiding of documents at midnight. The vigilance department is currently investigating several cases, including the liquor scam, illegal construction of a residence for the Chief Minister, and misuse of Delhi government funds for AAP’s publicity. Files related to these cases were allegedly removed at midnight to conceal excessive spending.
While some controversy arose over Shah’s use of the term Sheesh Mahal to refer to the Chief Minister’s residence, he maintained his stance and highlighted that concerns about the Centre encroaching on states’ rights are misplaced since Delhi is a Union Territory.
Union Home Minister Amit Shah emphasized that previous Chief Ministers had no issues with the Centre and focused on developing Delhi. He stated that the Amendment Bill was brought to prevent the encroachment of power.
In conclusion, the passing of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, has granted extensive powers to the Lt Governor and bureaucrats, replacing the existing ordinance on control of services in Delhi. While the Opposition raised concerns, the ruling alliance successfully passed the bill in Parliament. The contentious debate highlighted differing views on the bill’s implications, with the Union Home Minister defending its provisions.
