Prevent introduction of Bill to replace ordinance: AAP to V-P

New Delhi, July 23

The AAP has opposed any move to introduce a Bill in the Rajya Sabha to replace the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, saying the ordinance, promulgated on May 19, sought to “undermine the democratic and popularly accountable model of government in Delhi”.

AAP MP Raghav Chadha today wrote to Vice President and Rajya Sabha Chairman Jagdeep Dhankhar urging him to prevent the introduction of the Bill and direct the government to withdraw it.

“On May 11, 2023, a Constitution Bench of the Supreme Court unanimously held that as a matter of constitutional requirement, the civil servants serving in the Government of NCT of Delhi are answerable to the elected arm of the government. This link of accountability was held to be crucial to a democratic and popularly accountable model of government,” says the letter.

He alleged the ordinance had undone this model of accountability by seizing control from the Government of Delhi and vesting it in the unelected L-G. “The ordinance seeks to strip the Government of NCT of Delhi down to only its elected arm — enjoying the mandate of the people of Delhi, but bereft of the governing apparatus necessary for meeting that mandate. This has left the GNCTD in a crisis of administration, put day-to-day governance in jeopardy and has led the civil service to stall, disobey and contradict the elected government’s orders,” Chadha’s wrote.

The MP cited three reasons why the proposed Bill was “unconstitutional and its introduction impermissible”. “Firstly, the ordinance and a Bill seek to undo the position laid down by the SC. Secondly, the Bill will violate Article 239AA of the Constitution whose Section 7 clause empowers Parliament to make a law to “give effect to” or to “supplement” the provisions contained in Article 239AA. Thirdly, the ordinance is under challenge in the SC,” he argued.