Lok Sabha passes Government of NCT of Delhi (Amendment) Bill, 2023 to replace Delhi Services Ordinance

The Lok Sabha on Wednesday passed the Government of NCT of Delhi (Amendment) Bill, 2023 to replace the Delhi Services Ordinance promulgated by the President of India..Responding to opposition to the introduction of the Bill, Union Home Minister Amit Shah on Tuesday had stated that the Indian Constitution had empowered Parliament to enact laws for the NCT of Delhi. He added that the Supreme Court had affirmed the same in paras 6, 95, 163(f) of its judgment which restored the services to the Delhi government."The Constitution has empowered the Parliament to enact laws for the NCT of Delhi. Even the Supreme Court's judgment (on control of services in Delhi) in paras 6, 95, 164(f), has said that the Parliament can enact laws for the NCT Delhi. Any objections being taken are political," the Minister said..Today, as many as 26 Members of Parliament engaged in a debate before the Bill was passed..Meenakshi Lekhi of the Bharatiya Janata Party (BJP) called the legislation a purposeful one. She emphasized that as per the Constitution, India has a quasi-federal structure. As such, she contended that the Centre will always have primacy and Parliament has every right to bring the law."The Centre will always have a primacy. Otherwise to govern a complicated State as complicated as India is, as diverse as India is, will not be possible. That's why the Parliament of India, the Central government of India have been given the primacy even in the Indian Constitution. This Parliament has every business, every right to correct the wrong and bring the right law," she stated..According to Shashi Tharoor of the Indian National Congress (INC), the Bill represents a grave chapter in the history of the Indian Republic. he said that it seeks ratify an ordinance that in many ways is an assault on our democratic heritage and the spirit of federalism.Referring to the abrogation of Article 370 of the Constitution with respect to the erstwhile State of Jammu & Kashmir, Tharoor said that the government was showcasing the same attitude today."This government showcased the same attitude that we're seeing today - a breathtaking betrayal of our democratic political traditions, culture and utter contempt for the people of the State and of the value of the political representation that these citizens of India give themselves through elections," Tharoor said.He added that under the government, we are witnessing 'coercive federalism' as opposed to 'cooperative federalism'..The Ordinance, titled the Government of National Capital Territory of Delhi (Amendment) Ordinance, was promulgated on May 19. It amended the 1991 Government of National Capital Territory of Delhi Act to give overriding powers to the Lieutenant Governor (LG) of Delhi when it comes to transfer, posting and control over officers in Delhi.The Ordinance stated that it is in the larger national interest that the people of the entire country have some role in the administration of the national capital through the democratically elected Central government..This move came after the Supreme Court had earlier restored power over the services to the Delhi government on May 11.The apex court had held that the Delhi government would have control over all services in the national capital, including the Indian Administrative Service (IAS), except those pertaining to land, police and law and order.In a unanimous judgment, a Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha had held,"The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order."