Chadha labels the bill as unconstitutional, urging its withdrawal to safeguard the sanctity of the Constitution.
In a resolute move, Aam Aadmi Party (AAP) MP Raghav Chadha has written a letter to Rajya Sabha Chairman Jagdeep Dhankhar, urging him to block the introduction of a contentious bill aimed at replacing the Centre's ordinance on control over administrative services in Delhi. Terming the bill as "blatantly unconstitutional," Chadha raises concerns over the government's attempt to undermine the Constitution and strip the elected Delhi government of its governing apparatus.
The ordinance, promulgated by the Centre on May 19, established the National Capital Civil Service Authority for the transfer and disciplinary proceedings of Group-A officers in Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre. Prior to a Supreme Court verdict on May 11, transfers and postings of all Delhi government officers were under the control of the lieutenant governor. However, the apex court declared that civil servants in the Government of NCT of Delhi should be answerable to the elected arm of the government, led by the chief minister, in a democratic and accountable model of governance, according to PTI.
Chadha argues that the newly proposed bill seeking to replace the ordinance contradicts the Supreme Court's decision and violates Article 239AA(7)(a) of the Constitution. He contends that any law made by Parliament should only supplement the provisions of Article 239AA and not damage or destroy them. Therefore, the proposed bill, which undermines the Delhi government's control over services, is an invalid exercise of the Parliament's legislative competence.
With the ordinance already facing a legal challenge in the apex court, Chadha calls for prudence in awaiting the court's decision before introducing the bill. He emphasizes the need to preserve the Constitution and uphold the democratic principles that ensure the elected government can fulfill its mandate for the people of Delhi.