Bill To Replace Delhi Services Ordinance Will Change Democracy Into 'Babucracy': AAP MP Raghav Chadha

The Union government on Tuesday tabled a contentious bill in Lok Sabha to replace the Delhi services ordinance amid vociferous protests by Opposition MPs.

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New Delhi: Aam Aadmi Party (AAP) MP Raghav Chadha on Tuesday said the bill to replace the Delhi services ordinance will change democracy into 'babucracy' and termed it the most 'undemocratic' piece of paper ever tabled in Parliament. Union Minister Nityanand Rai tabled the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, in the Lok Sabha on Tuesday. The bill seeks to replace an ordinance related to the control of services in the national capital.

Raghav Chadha said the bill is 'even worse' than the previous ordinance and more against 'our democracy, the Constitution, and the people of Delhi'. Calling the bill the 'most undemocratic, illegal piece of paper ever tabled in Parliament', the AAP Rajya Sabha MP said it essentially snatches all powers from the elected government of Delhi and hands those over to the Lt Governor and 'babus'.

"This is an assault on India's federal structure, democracy, and the Constitution. All members of the INDIA bloc will oppose this bill," Chadha said.

This bill will replace democracy in Delhi with "babucracy" and has given overriding powers to the bureaucracy and to Lt Governor, he added.

दिल्ली में लोकतंत्र बदलने वाला है—ये खतरनाक Bill क्या कहता है:

—मंत्री मंडल के किसी भी फैसले को अफसरशाही मानने से मना कर सकती है

—मंत्री मंडल के किसी भी फैसले का Audit कर सकती है अफसरशाही

—दिल्ली जल बोर्ड और Commissions की चेयरमैनशिप LG तय करेंगे

और यह सब क्यों? Delhi की जनता… pic.twitter.com/9Kp4jX7uNx

— AAP (@AamAadmiParty) August 1, 2023

The legislation, which has brought the Arvind Kejriwal-led Delhi government and the Centre at loggerheads, empowers the Delhi Lt Governor to have the final say in recommendations regarding the transfers and postings of Delhi government officials. It received a Cabinet nod on July 25.

The legislation reverses the effect of the Supreme Court verdict in May that gave the Delhi government power over administrative services.

The Opposition has been protesting against the ordinance since the beginning of the Monsoon session of Parliament. The Kejriwal government has also challenged the ordinance in the Supreme Court. 

In the past couple of months, Kejriwal toured the country and met several Opposition leaders to drum up support against the bill and get it blocked in the Rajya Sabha, where the PM Narendra Modi-led NDA is short on numbers.

How the numbers stand for NDA in Lok Sabha, Rajya Sabha

The NDA is comfortably placed in Lok Sabha to get the bill to replace the Delhi services ordinance passed with over 330 members. In Rajya Sabha also, with the support of BJD, YSR Congress and some nominated and independent members, it can cross the halfway mark.

BJD and YSR Congress have already said that they are likely to support the bill.

Around 109 MPs from the 26-member Opposition bloc INDIA and some Independents such as Kapil Sibal are expected to vote against the bill, a senior leader said.

However, this will still be short of the halfway mark of 120 if all 238 existing members vote that day. The full strength of the House is 243 but there are some vacancies.

Of the 26 parties from the Opposition grouping, at least 18 have a presence in Rajya Sabha and have 101 MPs collectively. Besides this bloc, the BRS (seven MPs) is also likely to vote against the bill while the YSR Congress (nine MPs) may back it.

The ruling NDA has 100 MPs in the Upper House while it will bank on nominated members and Independents, as well as other non-aligned parties that have voted with them in the past on various issues.

All about the Government of National Capital Territory of Delhi (Amendment) Bill, 2023

According to The Government of National Capital Territory of Delhi (Amendment) Bill, all transfers and postings of senior officers in the Delhi government will be done by a three-member committee headed by the Delhi chief minister.

The Delhi ordinance was promulgated by the central government a week after the Supreme Court handed over the control of services in Delhi, excluding police, public order and land, to the elected government headed by Chief Minister Arvind Kejriwal.

"With a view to give effect to the intent and purpose behind the provisions of Article 239AA of the Constitution, a permanent authority, headed by the Chief Minister of Delhi along with the Chief Secretary, Government of National Capital Territory of Delhi and the Principal Secretary, Home, Government of National Capital Territory of Delhi, is being constituted to make recommendations to the Lieutenant Governor regarding matters concerning transfer postings, vigilance and other matters," according to the statement of objects and reasons of the bill.

The National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all Group 'A' officers (IAS) and officers of Delhi Andaman and Nicobar Islands Civil Service (DANICS) officer (DANICS) serving in the Delhi government.

It says that this would balance the interest of the nation with the interest of the Union territory of Delhi in the administration of the capital to the manifestation of the will of the people reposed in the central government as well as the government of the National Capital Territory of Delhi.

Justifying the move to bring the bill, the statement of objects and reasons says several important national and international institutions and authorities like the President, the Parliament, the Supreme Court, various constitutional functionaries, foreign diplomatic missions, international agencies, etc are located in Delhi and high dignitaries from other nations pay official visits to Delhi.

The highest possible standards are required to be maintained in the administration and governance of the National Capital Territory of Delhi, it said.

It said that any decision taken in respect of Delhi not only affects the residents of the city but the entire country and shall have the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum and therefore, the entire nation is vitally interested in the governance of the National Capital Territory of Delhi.