Introducing Delhi Ordinance "Impermissible", Says AAP MP, Lists 3 Reasons
NDTV
Mr Chadha claimed the Ordinance was designed to strip the Government of NCT of Delhi down to only its elected arm - enjoying the mandate of the people of Delhi, but bereft of the governing apparatus necessary for meeting that mandate.
Aam Aadmi Party leader Raghav Chadha today wrote to Rajya Sabha Chairman Jagdeep Dhankhar opposing even the introduction in the Parliament of the controversial Ordinance passed by the Centre which snatched control over bureaucracy from the Delhi government. Calling it "blatantly unconstitutional", Mr Chadha listed three reasons why he believes the introduction of the Ordinance is "impermissible".
The AAP leader referred to the May 11 judgement of a Constitution Bench of the Supreme Court, which he said unanimously held that as a matter of constitutional requirement, the civil servants serving in the Government of NCT of Delhi are answerable to the elected arm of the government, i.e. the elected Council of Ministers presided over by the Chief Minister. The Ordinance seeks essentially to undo the position laid down by the Supreme Court without amending the Constitution itself, from which this position flows, Mr Chadha argued in his letter.
"The Ordinance has lost its legal validity because no law can be made to nullify the court's decision without changing the basis of that decision," he said.
