In a big blow to the Arvind Kejriwal government and the opposition unity, Rajya Sabha on Monday passed the bill concerning Delhi government officers including appointments and transfers, giving more power to the Centre over the affairs in the national capital.
The Upper House of Parliament witnessed a division of votes in which the ruling coalition got the support of 131 members while 102 MPs voted against the bill, which seeks to create an authority for transfer and disciplinary proceedings against bureaucrats from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
The bill was already passed, on August 3, by Lok Sabha where the ruling Bharatiya Janata Party (BJP) has the majority.
The passage of the bill in Parliament can be seen as the first defeat of the newly stitched coalition of 26 opposition parties including Congress, Aam Aadmi Party (AAP), Trinamool Congress, DMK, and Sharad Pawar’s NCP. The opposition was hoping to beat the bill in Rajya Sabha where the BJP-led NDA does not have the majority but parties like YSCRP and Biju Janata Dal (BJD) came to the rescue of the ruling coalition.
In his reply to the debate on the bill, Union Home Minister Amit Shah said there were no fights earlier over transfer postings in Delhi and no CMs had any problems and the issue started only when the Aam Aadmi Party (AAP) came to power in 2015.
“In 2015, a government came up after an ‘Andolan’. Some people said that the Centre wants to take power into its hands. The Centre doesn’t need to do so as the people of India have given us the power and the right. AAP government in Delhi transferred officers in vigilance department as liquor scam files were with it,” he said.
Shah also hit out at Congress for supporting the bill and said Arvind Kejriwal will ditch I.N.D.I.A. alliance after the bill is cleared by the Parliament.
“Congress is opposing the bill to appease AAP, which was born after opposing Congress. They (AAP) used almost three tons of offensive words against Congress and came into existence. And today they are seeking support from Congress to oppose this bill. The moment this bill will be passed, Arvind Kejriwal ji palat jayenge, thenga dikhayenge aur kuch nahi hone wala,” he said.
After the passage of the bill in Rajya Sabha, Kejriwal said the BJP lost four polls against the AAP so they have tried to usurp power in Delhi through backdoor. He said the people of Delhi will not give a single seat to the BJP in the 2024 Lok Sabha elections.
“They realised that it was difficult to defeat AAP in Delhi, thus tried to grab power through the back door. They (BJP) cannot compete with Kejriwal, AAP with their work; their only motive is to stop me,” he said.
“Why is the prime minister interfering in Delhi? This law will not let the elected government of Delhi work… The law passed today states that each and every policy for Delhi government officials shall be decided by the central government. Now PM will decide the transfer policy of peons in Delhi,” he added.
The AAP supremo expressed gratitude to all the political parties who raised their voice against the bill.
Kejriwal met many opposition leaders to get their support in Parliament. Ahead of the second meeting of the opposition in Bengaluru, Congress announced to fight the bill in Parliament with the AAP ignoring inputs by its state units in Punjab and Delhi, where Kejriwal’s party is in power.
AAP MP Raghav Chadha said that his party will fight the Centre over its “unconstitutional” move in court.
“More than a hundred votes from I.N.D.I.A. alliance were against this bill. Though we could not stop this bill legislatively, we will fight against it in the judiciary,” he said.
The bill seeks to create an authority for transfer and disciplinary proceedings against bureaucrats from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
The National Capital Civil Services Authority will consist of the Delhi Chief Minister, the Chief Secretary of Delhi and the Principal Home Secretary of Delhi.
The bill empowers the Authority to make recommendations to the Delhi Lieutenant Governor (LG) regarding transfers and postings of officials and disciplinary matters.
It also empowers the LG to exercise his sole discretion on several matters including those recommended by the National Capital Civil Services Authority, and the summoning, prorogation and dissolution of the Delhi Legislative Assembly.
The Delhi government had approached the Supreme Court for staying the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated on May 19.
However, the Supreme Court last month refused to grant an interim stay on the Centre’s ordinance on control over services in Delhi. It referred Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to a Constitution Bench.
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