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Union Home Minister Amit Shah moves the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, in the Rajya Sabha on August 7. Image: Twitter/Sansad TV

Delhi Services Bill brought to stop encroachment on Centre's rights: Amit Shah


The Delhi Services Bill has not been brought to impose ‘Emergency’ or take away the rights of people, Union Home Minister Amit Shah said in the Rajya Sabha on Monday (August 7). It was, on the other hand, brought in to stop the encroachment on the Centre’s right by the Delhi government, he added.

Further, he said, the Congress is opposing the Bill – to replace an ordinance for handling the transfers and postings of officials in the Delhi government – only to appease the Aam Aadmi Party (AAP). Shah observed that the Congress government had amended the Constitution earlier, giving Parliament powers to frame laws for Delhi on all subjects, including services.

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Amit introduced the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 for consideration in the Rajya Sabha today. It was passed by the Lok Sabha last week.

Perfectly valid: Ranjan Gogoi

Meanwhile, former Chief Justice of India and Rajya Sabha MP Ranjan Gogoi said the Bill is “perfectly, legitimately valid”. Participating in the debate on the bill, Gogoi, a nominated member of the Upper House, said it is the prerogative and the right of the members of the House to debate, and the question of the proposed legislation being sub-judice does not arise.

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Several leaders from the Opposition parties have termed the Delhi Services Bill as “unconstitutional”. Some even suggested that Parliament should not take up the Bill saying the matter was pending before the Supreme Court.

“So far as overreaching or outreaching the order of the Supreme Court is concerned, very shortly put, the position in my perception is this. The state legislature makes laws for the states. Parliament makes laws for the Union Territories,” he said in his maiden speech in the House.

He said for the National Capital Region of Delhi, which has a special status, the state legislature or the legislature of Delhi makes the laws on state subjects except three matters.

But as pointed by Mahesh Jethmalani (BJP), Gogoi said Parliament has the power to frame laws beyond the three matters and that is exactly what the bill is seeking to do. “Therefore, there is no question of overreaching,” he said.

With agency inputs

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