AAP minister: New Delhi law will lead to anarchy in city

Delhi minister Saurabh Bharadwaj criticizes the recent changes to the GNCTD Act, stating that they go against the "basic spirit of the Constitution." The Aam Aadmi Party-led government plans to approach the courts to reverse the law. The BJP argues that the Supreme Court has clarified that the executive powers of the Delhi government are subject to laws enacted by the Parliament. The new law establishes a National Capital Civil Services Authority and gives the lieutenant governor final decision-making power. It also gives the central government control over appointments in various bodies.

A day after changes to the Government of National Capital Territory of Delhi (GNCTD) Act were codified into law, putting the control of the city’s administration in the control of Central government, Delhi minister Saurabh Bharadwaj on Sunday alleged that the move is against the “basic spirit of the Constitution”.

Delhi cabinet minister Saurabh Bharadwaj (HT Photo)

Bharadwaj said the Aam Aadmi Party-led government will approach the courts to overturn the law. “But till then (the law being overturned), there will be anarchy, with the government’s projects being stalled, departmental work being stalled... It would be unfortunate for Delhi,” he said.

“The Constitution says that the government will be run by the people, through its elected representatives. In such a situation, an appointed lieutenant governor cannot run the government. It’s not possible,” he added.

HT reached out to the LG’s office, but officials there did not respond to requests for comment on Bharadwaj’s remarks.

The Bharatiya Janata Party, however, said Bharadwaj’s position comes from lack of knowledge of law.

“The Supreme Court vide its constitutional bench judgment dated May 11 has expressly clarified in para 164 (f) that the executive powers of Delhi government are subject to the powers conferred upon the Union government by a law enacted by the Parliament. The basis of this Supreme Court’s finding is in Article 239 AA of the Constitution of India. Article 239 AA (3) grants the Parliament of India supremacy in making laws for Delhi. The law made by the Parliament for Delhi is binding on the state government as well. This is the mandate of the Constitution of India which flows from the will of the people. I am confident that the Supreme Court will uphold the new law,” said Delhi BJP secretary Bansuri Swaraj.

The control of bureaucrats has been at the core of the Centre and Delhi government’s battles in courts as well as outside since 2015, when AAP stormed to power. A May 11 Supreme Court judgement placed the control of services in the hands of the elected government. However, on May 19, an ordinance by the Union government snatched back control of services, and after it was cleared by Parliament, the new law got Presidential assent on Friday.

The GNCTD (Amendment) Act, 2023 sets up a three-member National Capital Civil Services Authority (NCCSA), which is chaired by chief minister Arvind Kejriwal and has two senior Delhi government bureaucrats as members; the authority takes decisions by majority and the final decision rests with the lieutenant governor. All transfers and postings of officers will now be done by this panel.

A second major change that the new law leads to is that appointments in all boards, commissions, and statutory bodies established under Acts passed by Parliament will be done by the central government while the proposals for appointments in boards, commissions, and statutory bodies established by Acts passed by the Delhi assembly will have to be routed through the NCCSA.