Raghav Chadha, an AAP member, requests the Rajya Sabha chairman to veto an unconstitutional bill regarding administrative services in Delhi

Raghav Chadha, an Aam Aadmi Party (AAP) lawmaker, has taken a firm action by writing to Rajya Sabha Chairman Jagdeep Dhankhar to request that he prevent the introduction of a controversial bill that would replace the Centre’s ordinance on control over administrative services in Delhi. Chadha, who calls the measure “blatantly unconstitutional,” expresses worry about the government’s efforts to violate the Constitution and deprive the elected Delhi government of its governing infrastructure.

The National Capital Civil Service Authority was constituted by the order, which the Centre issued on May 19, to handle transfers and disciplinary actions involving Group-A officers in the cadres of the Dadra and Nagar Haveli (Civil) Services (DANICS), Andaman and Nicobar, Lakshadweep, Daman and Diu, and Delhi. The lieutenant governor had authority over all transfers and postings of Delhi government employees prior to a Supreme Court decision on May 11. According to PTI, the top court did rule that under a democratic and responsible type of government, public workers in the Government of NCT of Delhi should answer to the elected arm of the government, headed by the chief minister.

Chadha contends that the recently proposed law that would aim to replace the ordinance is in conflict with the ruling of the Supreme Court and ineligible under Article 239AA(7)(a) of the Constitution. He argues that any legislation passed by the legislature shouldn’t alter or repeal Article 239AA’s provisions; rather, it should only add to them. As a result, the proposed measure is an invalid use of Parliament’s legislative authority since it threatens the Delhi government’s ability to oversee services.

Chadha advises caution in delaying the introduction of the law in order to wait for the court’s ruling on the ordinance, which is already the subject of a legal challenge before the supreme court. In order to guarantee that the elected administration can carry out its mission for the people of Delhi, he underlines the need of maintaining the Constitution and upholding democratic norms.