Rajya Sabha passes MCD Bill, Shah says Parliament can legislate on any Delhi-related matter

The opposition parties, including the Congress, AAP, DMK, NCP, SP and the Left parties, opposed the Bill, terming it as an “attack on the federal structure” of the country. Congress MP Abhishek Manu Singhvi called the Bill “constitutionally suspect, legally untenable, administratively blunderous and politically hypocritical” while AAP MP Sanjay Singh said it was an outcome of “Kejriwal phobia”, referring to Chief Minister Arvind Kejriwal.

Responding to the debate, during which 20 MPs spoke, Shah brushed aside the criticism, saying unlike in the case of other states, Parliament is empowered to legislate on any matter, including subjects on which the Assembly can make laws, pertaining to Delhi under provisions of Article 239AA of the Constitution.

Touching upon apprehensions of the Opposition that the Centre wants backdoor political control over Delhi’s municipal structures through the legislation, Shah said the government will not appoint any political person as the administrator or special officer to run the the civic affairs until the first meeting of the unified MCD takes place.

The Lok Sabha had cleared the Delhi Municipal Corporation (Amendment) Bill, 2022 last week.

“We had to bring this Bill due to the step-motherly treatment of the Delhi government with the three corporations. You may have enmity with us, but why are you harassing the people of Delhi? The fifth Delhi Finance Commission had recommended that Rs 40,561 crore be given to the corporations. They (Delhi government) settled on Rs 21,000 crore. But even that amount was not given in full without specifying any reason and other recommendations of the DFC were not accepted,” said Shah.

“Had they given that amount, the corporations would have been in profit today. The three corporations sent proposals to raise business tax, one time parking tax, which were not accepted…This is done to turn the public mood in favour of the AAP. Once delimitation is over, come to the electoral battle field, there is no fear or phobia.”

Initiating the debate, Singhvi said while 239AA, which came into force in 1992, gives special powers to Parliament to legislate on matters related to Delhi, municipality is a subject created under 74th Constitutional Amendment Act, which became a law in 1993.

“Even though Parliament has overriding powers under 239AA which came in 1992, you overrode that by a subsequent Constitutional Amendment, the 74th amendment in 1993. You have a later Constitutional Amendment in 1993, which is a special Constitutional Amendment on municipalities. As even a first year student of law knows, a later and a special law overrides an earlier and a general law,” Singhvi said.

Singh said through the Bill, the BJP was running away from facing the AAP in the polls. “If you want to run away from poll, then name it Kejriwal phobia Bill… This Bill will write the story of you trampling on the Constitution of India,” he said.

The Opposition MPs also questioned the absence of a roadmap on putting the financial affairs of the proposed unified corporation in order. TMC’s Jawhar Sircar and BSP’s Ramji Gautam said the Bill does not deal with the scourge of manual scavenging which continues to claim lives.

While supporting the Bill, BJD’s Prasanna Acharya said the Centre should not delay the municipal elections in Delhi on any pretext.

CPI(M)’s John Brittas said the Bill goes against the Centre’s public pronouncements on federalism. “They have bypassed the state government,” he said.

Countering the charges levelled by the Opposition, Shah said, “This Bill does not attack federal structure in any manner… If they (AAP) are not happy with the power they have, then they should not have contested. You cannot fight for government in an UT, and hold desire to have full powers of a state.”