Lok Sabha Passes Delhi Ordinance Bill

The Lok Sabha recently approved the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaced the ordinance concerning control of services in Delhi. However, the passage of the Bill faced protests from some Opposition parties, leading to their walkout.

During the debate on the Bill, Union Home Minister Amit Shah strongly criticized the Opposition, accusing them of prioritizing their political alliances over democracy and the well-being of the people. He expressed his belief that Prime Minister Narendra Modi would secure a decisive victory in the 2024 elections, regardless of any Opposition coalition.

What Does our Constitution say about the Delhi Ordinance Bill?

During the debate on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, Shri Amit Shah emphasized that the Parliament has the authority, as per Article 239 (AA)(3)(B), to legislate on matters related to the Union Territory of Delhi. He pointed out that from 1993 to 2015, the services in Delhi were under the control of the Central Government as per established norms.

• Shri Amit Shah clarified that the aim of any government in Delhi should be to serve the public, and there should be no need for disagreements if the focus is on public service.
• He stated that the Government of India has the right to make laws and rules, and the need to establish rules arose due to governance issues in Delhi not being conducted in accordance with existing norms.
• The Bill seeks to address these issues and ensure better governance in the Union Territory of Delhi.

Background

• In 2015, the Delhi government issued a circular to take over the powers of transfer and posting within the territory.
• In response, the Central Government issued a notification, which was later challenged in the High Court.
• The High Court ruled in favor of the Central Government.
• Subsequently, the case was taken to the Supreme Court, where a split decision was reached, leading to the formation of a constitutional bench.
• Recently, the constitution bench delivered its judgment.
• According to the judgment, both the Parliament of the country and the Government of India have the authority to make all kinds of laws for the Union Territory of Delhi.

Utilizing this right, the Central Government issued the notification at that time when the Parliament was prorogued. The notification aimed to address the issue and ensure effective governance in the Union Territory of Delhi.

More About the Delhi Ordinance Bill

The Union Home Minister emphasized that the Government of National Capital Territory of Delhi (Amendment) Bill is entirely constitutional and has been introduced solely for the welfare of the people of Delhi. He asserted that there are no political motives behind the Central Government’s decision to bring this bill.

Shri Shah further stressed that speeches and votes in the House should not be influenced by vested political interests, but should be made with the well-being of the 130 crore citizens of the country in mind. The primary objective of the bill is to serve the best interests of the people of Delhi and ensure effective governance for their benefit.

Reasons Behind Bringing the Delhi Ordinance Bill

• The Delhi government’s vigilance department has come under scrutiny due to the presence of several sensitive files. These files include those related to the excise scam, illegal expenditure on the construction of the Chief Minister’s new bungalow, and the investigation into the expenditure of ₹90 crores on the ruling party’s propaganda.
• Additionally, an independent illegal intelligence department known as the Feedback Unit was established by the Delhi government, and its investigation file was also under vigilance.
• Furthermore, there are concerns about financial matters, such as the allocation of funds to a specific company despite pending dues of ₹21,000 crore to BSES and BYPL.
• The investigation file for this matter was also with the vigilance department.
• The functioning of the Assembly of the Union Territory of Delhi has also raised questions. It is the only assembly in the country that does not prorogue at all.
• Additionally, there have been very few cabinet meetings, and approvals for important institutions like AIIMS and IIT-Delhi have been pending.
• Moreover, despite the acceptance of the 5G technology act by all states of the country, it has not been implemented in Delhi.
• Financial irregularities have also been observed in the name of organizing events like the shopping festival, and the Comptroller and Auditor General (CAG) report has not been tabled in the Delhi Assembly for the past two years.

These issues have raised concerns about transparency and accountability in the functioning of the Delhi government.

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