BJD, YSRCP support to help in safe passage of Delhi Bill

While Amit Shah argued for the legality of the Bill, Opposition MPs said passage of the Bill would mark the death of 'cooperative federalism'.

The Modi government on Tuesday got a shot in the arm when BJD supported the introduction of a Bill to replace the controversial Delhi ordinance in the Lok Sabha.

With Naveen Patnaik’s BJD and Jagan Mohan Reddy’s YSRCP support, the government can easily get the Bill passed in the Rajya Sabha where the NDA is short of a majority. The Government of National Capital Territory of Delhi (Amendment) Bill, 2023 has now been listed for passage in Lok Sabha on Wednesday.

The introduction of the Bill by Minister of State for Home Nityanand Rai saw Opposition MPs taking a break from their protest on the Manipur issue to oppose the proposed legislation. A host of Opposition leaders opposed the introduction of the Bill, terming it unconstitutional, but BJD's Pinaki Mishra surprised the treasury benches with spirited support for the Bill.

Opposing the introduction, Congress floor leader Adhir Ranjan Chowdhury said that the legislation has been brought on the “graveyard of cooperative federalism”. Other MPs who rose to speak opposing the Bill were N K Premachandran, Asaduddin Owaisi, Saugata Ray, Gaurav Gogoi, Shashi Tharoor, and T R Baalu.

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Union Home Minister Amit Shah said that the Constitution has given Lok Sabha the power to pass any law regarding the state of Delhi. “The Supreme Court judgement has clarified that Parliament can bring any law regarding the state of Delhi. All objections are political,” Shah said, amid sloganeering by Opposition MPs.

Chowdhury said that the Bill depicted the "outrageous infringement" of this government upon the territory of the states. “It is designed for digging up a graveyard for cooperative federalism,” he said, adding that the Bill is in violation of the Supreme Court judgement which held that the Delhi government has legislative and executive powers over the administration of services except for public order, police, and land.

RSP MP N K Premachandran said that as per Rule 72(2) of the Rules of Procedure and the Conduct of Business in Lok Sabha, the legislative competence of the government was under question. “It is against the principles of federalism which is envisaged in the Constitution of India. An elected government in Delhi, not having the legislative and executive control over the bureaucracy, does not have a meaning of existence,” Premachandran said, adding it overrides the SC judgement.

BJD's Mishra supported the introduction of the Bill, referring to the Supreme Court judgement, saying it has said that if Parliament enacts a law granting executive power on any subject which is within the domain of the NCT of Delhi, the executive power of the L-G shall be modified to the extent as provided in that law. “Government has brought out a law now pursuant to the Supreme Court empowering it. How can you challenge it?” he said.

AIMIM MP Asaduddin Owaisi, too, opposed the introduction, saying the Bill was in violation of Article 123, and that a simple bill cannot make a constitutional amendment. “This is in violation of the theory of the separation of powers,” he said, asking for a division of votes. TMC MP Saugata Ray called the Bill “autocratic”.

Congress MP Gaurav Gogoi called the bill “unlawful”, while Shashi Tharoor said the Bill undermines the Delhi Assembly. DMK MP T R Baalu said that in no previous instance, has the House seen so much legislative business after a no-confidence motion was allowed.