Delhi Assembly adopts resolution against Centre’s notification

Ananya Panda

Tribune News Service

New Delhi, May 27

The Delhi Assembly today adopted a resolution holding as "unconstitutional and void" the Home Ministry's notification that gave more powers to the Lieutenant Governor.

It recommended the Delhi Government to introduce legislation for creation of a National Capital Territory Public Service cadre. In the House, Delhi Chief Minister Arvind Kejriwal called the notification a "political design" and "experiment to push the country towards dictatorship". He said he would urge the non-BJP states' CMs to oppose the Centre's controversial stand.

Piloted by the Aam Aadmi Party government, the resolution pointed out that the Centre had attempted to "encroach upon the powers of Parliament" noting that the Article 239 AA (3) (a), (b) and (c) clearly mentioned that the Centre had no powers to add any entries to the list of the reserved subjects through notification as it brought it.

The House, whose two-day special session was called by the AAP government to debate the notification, urged President Pranab Mukherjee to invoke his powers under Article 143 of the Constitution and refer to the Supreme Court in order to define the powers and responsibilities of the elected government of Delhi, L-G and the Centre with respect to legislative and executive functions of Delhi, to avoid repeat of what has happened.

"This House, therefore, is of strong and unambiguous opinion that this notification is unconstitutional and invalid and expects the Delhi Government to take all such necessary action, as it deems fit. The Delhi Government has not so far brought any legislation before this House regarding entry 41 of the state list. This house recommends the government to bring legislation for creation of a NCT Public Service," stated the Private Member's Resolution moved by MLA Somnath Bharti yesterday.

The move incorporating three amendments was boycotted by three BJP legislators led by Leader of Opposition Vijender Gupta towards the end of the special session of the Assembly. The second day opened with the Opposition staging a walkout when the Speaker refused to enter a Calling Attention Motion by the Leader of Opposition on water crisis in the National Capital citing rule 54.

Further, the resolution was condemned by the Opposition as a "constitution breakdown" arguing that the Centre's notification has affected essential services.