Hon.
Chairperson, this is a very paradoxical Government. Where it has to
intervene, it does not intervene, and where it should not intervene, it
meddles. Manipur is burning. Hundred people are dead. Ethnic violence is
happening there. Women are murdered. Looting and arson are happening.
This Government has Articles 355 and 356, which it can use to intervene, but it
does not choose to intervene. But it intervenes in places where its political
capital is low. In Kashmir, they abrogate Article 370, degrade a State, demote
a State, and make it into two Union Territories100 because they do not have a political
capital there and they need to dismember it. That is exactly what they120 are doing to Delhi with an anti-federal
and pro-colonial law. They have lost successive local elections here.
They have lost successive State elections here. So, in order to meddle, they
are bringing in this law here. They do not want to act when Manipur is burning.
They were mute and blind to the atrocities which were happening there
but they want to meddle in places where their political capital is low. Hon.
Chairperson, Sir, this Bill is totally anti-federal200 and completely colonial. An unelected Lieutenant
Governor with unbridled power reeks of colonialism. Our hon.
Prime Minister always says that this country has to move away from
its colonial past. But I will tell you that this Government is
more240 colonial than our past
colonial masters. They want unelected people and unelected representatives of
theirs to rule over the population. Sir, other colleagues have alluded
to different Sections here. The National Capital Civil Service Authority is
made up of three people, two of whom are bureaucrats. One is the Chief
Secretary and the other is the Principal Home Secretary, and300 the third one is the Chief Minister.
The two of them can overrule the Chief Minister. The two of them can even
convene a meeting because the quorum is only two. On top of that, if by some
chance there is unanimity among all three, the Lieutenant Governor can
overrule them. In fact, by the vehemence of the speeches from360 my colleagues on the other side,
particularly the MPs of Delhi, I think the real job they all want is to
be Lieutenant Governor and not contest the next election as MPs. That is why,
they are all400 supporting
this Bill with such great vehemence.
Sir,
I rise to oppose this Bill as well as the Ordinance because it is the draconian
legislation the Parliament has seen during the last six decades of
Independence. Sir, it is totally anti-federal and it is authoritarianism
of the Union Government of India with the centralisation of power. Sir,
the ulterior motive, the mala fide intention behind this Bill is just to
curb and destruct the proper functioning of the democratically elected480 Government of Delhi. There is nothing
of merit in this Bill. That is why, I am strongly opposing
the Bill.500 Sir, what is
meant by democracy? The populistic definition of democracy is that the
Government is of the people, by the people and for the people. Sir, what is the
content of the Bill? If you critically examine, this is by the bureaucrats, of
the bureaucrats, and for the Union Government. It is just to score the
political motives and political gains of the Government at the Centre.
So, that is the sole intention behind this Bill. A popular Government got
consecutively elected not only in the Assembly elections, but also in the local
body elections. They have proved their600
mettle. The people are with the Delhi Government. So, if you are having
any laches on the part of the Government, there are so many other options by
which the Government can be corrected. This is not the way by which the
State Government has to be dealt with. The basic feature of the Constitution is
being taken away; it is being violated without any justifiable means; and
without any justifiable reason. See the way in which it was brought in.
It is through the Ordinance promulgation. Article 123 is very
clear and specific. Most of the Members700
have specifically stated in the House that only during exceptional
circumstances can an Ordinance be promulgated under Article 123720 of the Constitution. On 11th May, 2023,
the Supreme Court Judgement has come. Within eight days from the date of pronouncement
of the Judgement, promulgation of an Ordinance has come from Her Excellency,
the President of India. What is the exigency and what are the
exceptional circumstances by which the Ordinance was promulgated? Let the hon.
Minister explain and convince the House.
Coming
to the principles of federalism, since the case of Kesavananda Bharati,
the basic federal800 character
is the foundation of the Constitution. That is being disturbed. So, it
is unconstitutional and in violation of all the basic principles of the
Constitution. Coming to certain provisions of the Bill which have already been
stated by earlier840 speakers,
kindly examine Section 45C. The rule-making power is exclusively with
the Central Government. What is the scope of the State Legislative Assembly?
Rule-making is a legislative function of the State. The legislative function of
the State is being taken by the Union Government. Only the Union Government is
having the authority to promulgate or pronounce or make900 rules. Then why is the State Government
existing? The legislative functions of the State Government are being taken
away by Section 45C. We have repeatedly spoken about the three-member
Committee. It is bureaucracy versus democracy. Bureaucracy overrides democracy.
Is it the policy of the BJP? Is it the cooperative federalism pronounced
by the Prime Minister always960
in his speeches? All the powers like transfers, postings, penalty, wages, and
salaries will be determined by the Union Government and the National Capital Civil
Services Authority is the ultimate body. I would like to draw the attention
of the1000 hon. Home
Minister who is piloting this Bill to one point. You may kindly see Section
45J. Nobody has mentioned this point. It is on preparing a Cabinet note. You dissolve
the Government. Why is a State Government required? Why is a political
executive required? Even before preparing a Cabinet note for the Council
of Ministers, it has to be intimated and informed to the Lieutenant
Governor. That will be at the discretion of the Lieutenant Governor. What1080 is the collective responsibility of the
elected Government in a State? If preparation of Cabinet note, transfer,
posting, and everything1100
are dealt with by the Lieutenant Governor, then there is no need of an
elected Government in the State of Delhi. You please dissolve that Government
and have the administration from the Centre. That is the best way
by which you can rule the State of Delhi.1147
