Biju Janata Dal (BJD) Member of Parliament (MP) in the Lok Sabha and senior advocate Pinaki Misra told Moneycontrol that the Delhi government’s continuous state of war with the centre is harmful for India’s image and its democracy.
“Aam Aadmi Party’s (AAP) existence is based on a continuous war with the central government, and that does not augur well for India’s image.”
Speaking of the National Capital Territory of Delhi (Amendment) Act, 2023, Misra noted that if the centre and Delhi’s AAP government are not in sync and if state government bureaucrats do not listen to the central government, it will create a precarious situation.
Explaining why BJD supported the National Capital Territory of Delhi (Amendment) bill in parliament, the four-time MP from Puri noted that Delhi has a unique position in the constitution as it is the capital of the nation, owing to which parliament is allowed to legislate on the region, unlike any other state.
Elaborating further, Misra said “Such a law cannot be brought for any other state, because constitution does not give the parliament to power to make such laws for other states.”
Misra noted that the opposition’s stand that parliament does not have the competence to legislate on administrative matters of Delhi is wrong as the constitution and the Supreme Court’s (SC’s) interpretation of the constitution gives parliament the right to legislate on the city. “You can criticise the law, but do not criticise parliament’s power to legislate,” he added.
Law on control of Delhi’s services
The SC had on May 11, 2023, ruled that the elected government of Delhi has control over services in the national capital, excluding matters relating to public order, police, and land. On May 19, the centre promulgated the National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for the transfer and posting of Group-A officers in Delhi, thereby effectively bringing Delhi's services under its thumb.
At the monsoon session of parliament this year, the bill was passed by both houses of parliament with the BJD’s support. Misra led the charge in parliament on behalf of his party, justifying their support to the bill.
On August 12, the president of India gave her assent to the bill, making it the law of the land. Delhi’s AAP government has challenged the bill in the SC. The SC has referred the case to a constitution bench, where it is currently pending.
Article 239 AA of the constitution empowers parliament to make laws with respect to the National Capital Territory (NCT) of Delhi.
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