Bill to replace Delhi Ordinance introduced in Lok Sabha

The government on Tuesday introduced in the Lok Sabha the contentious bill which restored the Centre’s control over Delhi administration’s services. Opposition MPs cited several rules to prevent the government from introducing the bill, which replaces the ordinance promulgated on May 19, days after the Supreme Court gave Delhi government authority over all service matters, barring police, public order and land.

As soon as minister of state for home Nityanand Rai sought the Speaker’s permission to introduce the bill in the post-lunch session, Opposition MPs demanded that they be heard. Congress House leader Adhir Ranjan Chowdhury termed the bill as “graveyard for cooperative federalism”.

He said the government was trying to infringe on the executive’s power through the bill. Kollam MP NK Premachandran cited Section 72(2) of Rules of Procedure and Conduct of Business in Lok Sabha to say that the government did not have the legislative powers to overturn a Supreme Court verdict. He said that the intent was to override the judiciary.


Congress MPs Shashi Tharoor and Gaurav Gogoi said that the bill was a “substantive matter” and since the no-confidence motion had not been disposed of, the government could not introduce the bill. Home minister Amit Shah said the objections raised by Opposition MPs were political and had no sound legal ground.

The Speaker allowed the bill to be introduced. The government made minor changes in the bill. Section 3A of the ordinance has been removed. This section in the ordinance had removed the Delhi assembly's powers to make laws related to services. Provisions under Section 45 D of the ordinance were diluted too. This section is related to appointments made for boards, commissions, authorities and other statutory bodies.

The ordinance provided the lieutenant-governor with exclusive powers to make appointments to or nominate members/ chairperson of all bodies, boards, corporations. The bill introduced in Lok Sabha provides this power to the L-G only for bodies, boards, commissions set up through an act of Parliament.

The Lok Sabha later discussed and passed Registration of Births and Deaths (Amendment) Bill and Offshore Areas Minerals (Development and Regulation) Amendment Bill.