The Congress is likely to oppose in Parliament a bill, when it is brought, that will seek to replace a Union government Ordinance on Delhi's Services matters, sources said Monday, as the party asked the Centre to honour the Supreme Court order that transfer of bureaucrats is in the domain of the city's elected government.
Senior Congress spokesperson Anand Sharma said his party welcomed the Supreme Court decision when it came last week.
"Today too, we have the same view that the SC decision was right. The Constitution bench has given a detailed judgement on the Delhi issue and the government should honour that," he told reporters when asked about the Ordinance.
Sources in the party, meanwhile, said the Congress may oppose the bill when the government brings it in Parliament to replace the Ordinance that essentially upturn the Supreme Court verdict.
Sharma said the government has brought an ordinance as well as sought a review of the May 11 judgement.
"It is very clear that the Constitution bench of the Supreme Court had come out with a very detailed judgment and also its interpretation of the constitutional positions and the rights of states and the elected governments. It was a larger question, it was not only limited to those parts of the judgement, not confined in my view only to Delhi, that was about India being a country, he said.
Sharma said under the Constitution, the government has the authority to bring out an ordinance. But in this instance, the government has also decided to file a petition to review the judgement, he said.
"Since this is a Constitution bench judgment, it's only a Constitutional bench which will re-visit. And we will await, what the Constitution bench decides in this matter and we leave it at that," he said.
Prodded further on whether the Congress party will oppose the bill to replace the Ordinance, he said, "Let's cross the river, when it comes." "I would expect that the Congress leadership, the Congress President, who is also the leader of the opposition in Rajya Sabha, and the leader of the Congress in Lok Sabha, along with the leaders of all other political parties will discuss this matter, as and when the session is convened, but, we do hope since it is the Constitution bench and the government has gone back there. So hopefully, the Supreme Court will come out with its view," Sharma said.
The Aam Aadmi Party, which is in power in Delhi, has been seeking the support of Opposition parties, urging them the defeat the ordinance that sets up then National Capital Civil Services Authority and gives it power of transfer of bureaucrats in the city.
The Congress will "oppose the Delhi Ordinance issued in parliament," senior party leader KC Venugopal told reporters this evening.
Kejriwal had started a huge outreach to Opposition parties, starting with Bihar Chief Minister Nitish Kumar on Sunday.
He is expected to meet Shiv Sena (UBT) leader Uddhav Thackeray and NCP Chief Sharad Pawar on May 24 and 25 in Mumbai and Bengal Chief Minister Mamata Banerjee to discuss the plan to block the Ordinance in the Rajya Sabha.
The Union government on Friday brought an ordinance to notify rules for the Government of National Capital Territory of Delhi (GNCTD) regarding the ‘transfer posting, vigilance and other incidental matters’.
The ordinance has been brought to amend the Government of National Capital Territory of Delhi Act, 1991 and it circumvents the SC judgement in the Centre vs Delhi case.
Atishi said that the Supreme Court order meant if the people of Delhi elected Arvind Kejriwal, the decision-making power lies with him.
“The Supreme Court order meant that if the people of Delhi elected Arvind Kejriwal, decision-making power lies with him. That is what the Constitution says. Barring the issues of land, law and order and Police, all decision-making powers are with Arvind Kejriwal and LG is bound to accept all his decisions. This is democracy. But the Central Govt and BJP couldn’t tolerate it. PM Narendra Modi couldn’t tolerate the fact that Supreme Court empowered Arvind Kejriwal,” said Delhi Education Minister Atishi.
Delhi Minister Saurabh Bhardwaj also termed the ordinance an “act of dishonesty and treachery”.
“The Centre has done treachery with the ruling of the Supreme Court, Indian Constitution. With the people of Delhi. The people of Delhi elected Arvind Kejriwal three times. Today the Centre is saying that such a leader has no powers”.
“Lieutenant Governor who has not been elected but rather imposed on the people of Delhi is being conferred with powers of posting and transfer. The ordinance shows disrespect towards the Supreme Court ruling,” the AAP leader said.
