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All the powers of an elected government have been given to a few officers and the Lieutenant Governor, which defeats the very purpose of democracy, said Aam Aadmi Party (AAP) leader Raghav Chadha, in an interview to News18.
The Delhi services bill that seeks to replace an ordinance that mandates creation of an authority for transfer and postings of senior officers in Delhi government is being tabled in Parliament.
Chadha told News18 that the services bill has made matters worse. The legality of the bill has already been challenged in the Supreme Court.
Q: You have fought long and hard against the Bill, but now it seems it is a given that it will be defeated in both the Houses of Parliament?
I think it would be improper on anyone’s part to second guess what will happen in the Rajya Sabha. Let us wait for the Bill to be brought in the Rajya Sabha, then, I think, it would be worth our while to discuss what the numbers would be.
Let’s be very clear. This is the most undemocratic, unconstitutional piece of legislation ever to have been tabled in Parliament in the form of a bill. This basically replaces democracy in Delhi with ‘Babucracy’. All the powers that are there with the elected government have been snatched and handed over to four or five selected officials and one unelected Lieutenant Governor and overriding powers have been given to the L-G. Now it’s the L-G who will choose which officer will sit in which department and do what work. It is the L-G that will decide whether to implement a policy of the government or not. It is the L-G that will decide whether to put into effect any cabinet decision or not. It will be the L-G that will appointment all chairpersons, boards, commissions. It is the L-G who will decide what will be the electricity and water prices in Delhi.
Basically, the elected government has been reduced to a debating society and all powers have been taken away and handed over to the Lieutenant Governor. This defeats the very purpose of democracy and I ask only one question — that if it was not an AAP government, and there was a BJP government in Delhi, would this bill have taken away all the powers of the elected government? I think the answer is ‘no’. They are doing this because for the past 15 years the BJP has not managed to win a single election. There have been six assembly elections, and the BJP has badly lost in them. Ever since the emergence of AAP and Arvind Kejriwal ji, BJP’s politics in Delhi is virtually over.
They have become politically unemployed. Therefore, as the famous Hindi saying goes – ‘na rahega baans, na rahegi bansuri‘ — they are following the principle ‘let the government come to a quiet close, let the government’s powers be over’. Therefore, no politics is left in Delhi simply because we cannot fight and win an election against Arvind Kejriwal. That is the sum.
Q: You said BJP’s politics in Delhi is over but the opposition would argue that it is AAP’s politics which will be over in Delhi after the Bill is passed and becomes the law.
That is the plan of the BJP. Democracy has its interesting ways of throwing up mandates and gestures to keep the powers in check. And I hope all democratic forces that believe in the Constitution unite and defeat this most unconstitutional piece of legislation.
Q: The Bill has certain changes even from the ordinance. For instance, Article 3A has been removed. How do you look at these changes?
The ordinance was one, the bill is even worse than the ordinance. It has made matters worse. And this Bill, as I explained to you, has given overriding powers to the L-G. All powers are virtually with the L-G and four-five UPSC graduates officers that will work under him. Therefore, it is most undemocratic… By taking away the powers of an elected government in Delhi, what the BJP has essentially done is they have taken away all the power of voting that were there in the people of Delhi. They have snatched the power to vote from two crore people of Delhi by making its elected government virtually ineffective and merely on theory and not in practice.
Q: Can you elaborate a bit on the changes in the Bill when compared to the ordinance and the impact it has?
As I have just said, it has made matters go from bad to worse. All commissions, boards, chairmanships will be given by the L-G and not by the elected government. Virtually, all departments function under these boards – from transport, which functions under the DTC, to power under the DERC and water that comes under the Delhi Jal Board, all the departments have been given to the L-G. The transfer and posting of officers have also been given to the L-G. Disciplinary proceedings have been also given to the L-G. It is the LG that will decide whether a decision of the cabinet will be implemented or not… the mandate of the people has been given to the L-G.
Q: Congress leader Sandeep Dixit’s has said the Bill should not be opposed and argues that Delhi should be given full statehood. How do you look at his statement?
I don’t wish to comment on individuals and what they have said. All members of INDIA bloc are together, they want to come together and defeat this Bill. Everything is discussed and the INDIA bloc stands united. I don’t think there is any issue vis à vis the stand of the Congress.
Q: The argument that has been given from the Congress is that there has been a witch-hunting of officers, which is why, it was necessary for the central government to step in, apart from the administrative reasons.
Well on May 11, the authority over services was given to the elected government. On the 19th, this judgment was overturned; some mayhem that was executed, which is the allegation of the BJP as if the officers were being subjected to some sort of witch-hunt. Is that the allegation?
This happened in eight days. All this basically is a cock and bull story that has been presented by the BJP because it very well knows that it can never form a government in Delhi. Therefore, it is using ways to eliminate the government in Delhi. That is what they have done by the virtue of this Bill. God forbid, if they come to power in Delhi in a few decades from now, what will happen to the elected government then? Will it still be powerless? I think these are the questions that the BJP should reflect upon. I think short-term politics is one thing but long-term assaults on the Constitution is something else, and it must be viewed carefully. Members of the central government must apply their mind before they tread on to this path of conducting unconstitutional activity.
Q: Will you challenge the legality of the Bill in the Supreme Court?
The legality of the bill is already challenged. The decision is pending with the Supreme Court. A Constitution Bench has been formed by five judges. So, a legislative process will take place in Parliament where we will try and stall the Bill and a judicial process will take place in the top court.
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