The contentious Government of National Capital Territory of Delhi (Amendment) Bill, 2021 that gives some over-riding powers to the Lieutenant Governor over the elected state government was passed in the Rajya Sabha on Wednesday after a fierce debate in which the Opposition parties demanded that it be sent to a Select Committee.
The Bill, which has already got the nod from the Lok Sabha, was passed by a voice vote after Congress and many Opposition parties staged a walkout. BJD, SP, NCP, Shiv Sena, YSRCP, TDP, opposed the Bill on the grounds that it breaches the federal structure of the country and the government should bring a constitutional amendment Bill.
The government maintained that it is only amending some of the anomalies in the present law that was passed in 1991 to give statehood to Delhi. It also cited the Supreme Court instructions on the issue and said the Bill is in consonance with them.
Minister of State for Home G Kishen Reddy moved the Bill for consideration in the Upper House. Leader of the Opposition Mallikarjun Kharge said though there is an elected government in Delhi, the rights of government are being given away to the LG.
“If you want to give all powers to the LG then what is the need for elections, for electing a chief minister?” Kharge said, adding that since the statehood was given through insertion of Article 239AA, a constitutional amendment Bill should be introduced,” he said. Kharge alleged that government is doing all this through the “backdoor and wants to run a proxy government”.
This legislation is aimed at making four amendments to the 1991 law.
Incidentally, many opposition leaders quoted former Prime Minister and BJP stalwart Atal Bihari Vajpayee to insist that while he was a consensus builder, the present dispensation wants to impose its will through its numbers in Parliament.
The House was adjourned twice as the Opposition raised slogans alleging the government is acting in a dictatorial manner.
Abhishek Manu Singhvi (Congress) described the Bill as the “most pernicious, unconstitutional” Bill where the government is resorting to “camouflage and subterfuge”. He said the Delhi state does not have powers only over public order, police and land. The Delhi Assembly’s rights are being truncated, he added.
The bitter contest in West Bengal between BJP and TMC also had reverberations in this debate.
Bhupendra Yadav (BJP) referred to the Balakrishna report (1987) and the Sarkaria Commission. He said Congress should listen to the words of YB Chavan, who was Home Minister) when the original legislation as passed.
Nine TMC members had taken a break from the West Bengal election campaign to attend the debate on this Bill.
Derek O’Brien (TMC) said BJP is giving priority to its manifesto over the Constitution of India. He alleged that the Narendra Modi government wants to destroy every institution. BJD, DMK, YSRCP, SP, CPI(M), RJD were among the parties that opposed the Bill.
MoS Home Kishen Reddy assured the House that the new law will not curtail the powers of the elected Delhi government. As per the 69th Amendment of the Constitution, Article 239AA had been inserted by a Congress government at the Centre. He said the Modi government does not want to take away the powers of the elected Delhi government.
The Minister said as per the law, the LG has the status of an Administrator. He said had there been no anomalies in the present law, why would the Supreme Court point out the ambiguities.
AAP member Sanjay Singh, whose party is in power in Delhi, charged the government with “shredding the Constitution and the soul of India”. He sought to know if the Centre is willing to give over-riding powers to the President of India over the Prime Minister and the Council of Ministers.
The Bill, which has already got the nod from the Lok Sabha, was passed by a voice vote after Congress and many Opposition parties staged a walkout. BJD, SP, NCP, Shiv Sena, YSRCP, TDP, opposed the Bill on the grounds that it breaches the federal structure of the country and the government should bring a constitutional amendment Bill.
The government maintained that it is only amending some of the anomalies in the present law that was passed in 1991 to give statehood to Delhi. It also cited the Supreme Court instructions on the issue and said the Bill is in consonance with them.
Minister of State for Home G Kishen Reddy moved the Bill for consideration in the Upper House. Leader of the Opposition Mallikarjun Kharge said though there is an elected government in Delhi, the rights of government are being given away to the LG.
“If you want to give all powers to the LG then what is the need for elections, for electing a chief minister?” Kharge said, adding that since the statehood was given through insertion of Article 239AA, a constitutional amendment Bill should be introduced,” he said. Kharge alleged that government is doing all this through the “backdoor and wants to run a proxy government”.
This legislation is aimed at making four amendments to the 1991 law.
Incidentally, many opposition leaders quoted former Prime Minister and BJP stalwart Atal Bihari Vajpayee to insist that while he was a consensus builder, the present dispensation wants to impose its will through its numbers in Parliament.
The House was adjourned twice as the Opposition raised slogans alleging the government is acting in a dictatorial manner.
Abhishek Manu Singhvi (Congress) described the Bill as the “most pernicious, unconstitutional” Bill where the government is resorting to “camouflage and subterfuge”. He said the Delhi state does not have powers only over public order, police and land. The Delhi Assembly’s rights are being truncated, he added.
The bitter contest in West Bengal between BJP and TMC also had reverberations in this debate.
Bhupendra Yadav (BJP) referred to the Balakrishna report (1987) and the Sarkaria Commission. He said Congress should listen to the words of YB Chavan, who was Home Minister) when the original legislation as passed.
Nine TMC members had taken a break from the West Bengal election campaign to attend the debate on this Bill.
Derek O’Brien (TMC) said BJP is giving priority to its manifesto over the Constitution of India. He alleged that the Narendra Modi government wants to destroy every institution. BJD, DMK, YSRCP, SP, CPI(M), RJD were among the parties that opposed the Bill.
MoS Home Kishen Reddy assured the House that the new law will not curtail the powers of the elected Delhi government. As per the 69th Amendment of the Constitution, Article 239AA had been inserted by a Congress government at the Centre. He said the Modi government does not want to take away the powers of the elected Delhi government.
The Minister said as per the law, the LG has the status of an Administrator. He said had there been no anomalies in the present law, why would the Supreme Court point out the ambiguities.
AAP member Sanjay Singh, whose party is in power in Delhi, charged the government with “shredding the Constitution and the soul of India”. He sought to know if the Centre is willing to give over-riding powers to the President of India over the Prime Minister and the Council of Ministers.
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15 Comments on this Story
 | Nemani Hanumanta Rao1 hour ago I fully agree with the views of Mitraji. |
| Sid dude1 hour ago Never heard Sheila Dixit complaining about statehood for 15 years. This troll couldn't fulfill even 1 promise from his manifesto. Where are the billion cameras you were planning to install? You wanted to make Delhi safest city after poor Nirbhaya case. Memory of stupid Indians |
| Paridhan Mitra1 hour ago BJP, RSS, and ABVP all should be removed from this country. they are traitors. everyone who supports and show their views are traitors. since they have complete control over police and central agencies means they can do anything in the country, but when border duty demands they go under the bed as evident in recent face off with china. shame that we support these traitors. |