NCT Bill to have ‘dangerous’ consequences on India’s federal structure: Sisodia

The deputy CM said that the two proposed amendments to the GNCTD Act include changing the definition of “government” to imply the L-G instead of the elected government

The deputy CM said the two proposed amendments to the GNCTD Act include changing the definition of “government” to imply the L-G instead of the elected government.

Delhi deputy CM Manish Sisodia. (File photo)

Sisodia further said that when the AAP government came to power in 2015, the BJP started interpreting the law in such a way that the then L-G started taking up files and projects saying he is the government. (HT Illustration)

Addressing a press conference, Sisodia the bill, if turned into law, will have “dangerous” consequences on India’s federal structure.

Calling the move “unconstitutional” and “undemocratic”, he said the bill overrides the Supreme Court’s judgment of July 4, 2018, which gave the elected government the power to take decisions on day-to-day matters except on three subjects — police, land and public order — which is directly under the control of the L-G.

Sisodia said the Bill will stall Delhi’s progress. “The BJP has meddled with the welfare and provisions for the people in various states that it holds power in. Now it wants to ensure that the people of Delhi do not benefit from rightful provisions and initiatives of the Delhi government,” he said.

“By bringing this bill in Parliament, the central government has made it clear that it wants to rule Delhi through a back door channel by making the L-G ever more powerful,” he said.

The deputy CM said the two proposed amendments to the GNCTD Act include changing the definition of “government” to imply the L-G instead of the elected government.

“The second proposed amendment to the GNCTD Act is that all files will now have to go the L-G. This in itself is an anarchist move. If this is done, then what is the point of electing a government through elections,” he said.

Sisodia read parts from the Indian Constitution and also from the July 2018 judgment of the Supreme Court to justify the Delhi government’s stand that the proposed amendments are unconstitutional.

“The bill implies there will be no role of the elected government. Section 239A(a) of the Indian Constitution states that Delhi will have a state legislative assembly. It (the assembly) will have powers to make laws on everything except on subjects of land, law and order and police. It also states that there will be a council of ministers headed by a chief minister who will provide aid and advice to the L-G. In case of difference of opinion, the matter will be referred to the President by the L-G, this is what the constitution states,” he said.

Sisodia further said that when the AAP government came to power in 2015, the BJP started interpreting the law in such a way that the then L-G started taking up files and projects saying he is the government.

“We went to the HC, which ruled in the L-G’s favour but then we moved the Supreme Court, which gave an order in our favour. The Constitution bench stated that federal balance of states should be maintained,” he said. BJP leaders have, however, hailed the move, and said the amendments will “more clearly define” the L-G’s powers in the Capital.