Aam Aadmi Party (AAP) Rajya Sabha MO Raghav Chadha today wrote to Rajya Sabha Chairman Jagdeep Dhankhar opposing the introduction of a new ordinance bill that is likely to be tabled in the upper house during the ongoing monsoon session of Parliament. In his letter to Dhankhar, Chadha wrote that the Centre proposes to introduce the Bill to replace the Government of National Capital Territory of Delhi (Amendment) Ordinance promulgated by the President on 19 May 2023.
Citing the May 11 Supreme Court order related to civil services servants working for the Government of NCT Of Delhi to be answerable to the AAP government, Chadha said that the ordinance has undone the accountability in one single stroke. Opposing the introduction of the new ordinance, Chadha wrote, "This Ordinance and any Bill along the same lines as the Ordinance, seeks essentially to undo the position laid down by this Hon'ble Court without amending the Constitution itself from which this position flows. This is on the face of it impermissible and unconstitutional," said Chadha.
The AAP Rajya Sabha MP further said that Article 239AA(7)(a) empowers Parliament to make a law to 'give effect to' or 'to supplement' the provisions contained in Article 239AA. "Under the Scheme of Article 239AA, control over 'Services' lies with the Delhi government. A Bill in line with the Ordinance is, therefore, not a Bill to 'give effect to' or 'supplement' Article 239AA but a Bill to damage and destroy Article 239AA, which is impermissible," he said.
My letter to the Hon'ble Chairman of Rajya Sabha opposing the very introduction of the Bill replacing the Delhi Ordinance.
The introduction of the Bill in Rajya Sabha to replace the Delhi Ordinance is IMPERMISSIBLE for three important reasons, as highlighted in the letter.
— Raghav Chadha (@raghav_chadha) July 23, 2023
He further brought to the notice of the Chairman that the bill has been challenged in the Supreme Court and thus it will be improper for the house to take up the bill.
Terming the bill as unconstitutional, Raghav Chadha urged the Rajya Sabha Chairman to direct the government to withdraw the bill to save the constitution.
