Delhi Services Bill: AAP issues notice opposing consideration, passage of Bill

Member of the Opposition INDIA bloc has given notice opposing consideration and passage of the Delhi Services Bill in Rajya Sabha as it seeks to amend the Article 239 AA of the Constitution of India by simple majority.

New Delhi: AAP Rajya Sabha MP Sandeep Pathak has given a notice under Rule 66 and Rule 67 of the Rules of Procedure and Conduct of Business in the Council of States, opposing the legislative business of taking up for consideration and passage of 'The Government of National Capital Territory of Delhi (Amendment) Bill 2023'.

Pathak, in his notice, said the Government of National Capital Territory of Delhi (Amendment) Bill 2023," cannot be introduced in this August House due to the following reasons listing out the rules related to the legislative business and urged the Chair to consider the same and to abhor from going ahead with the Bill.

• संसद के नियम 66 और 67 के तहत हमने राज्यसभा में दिल्ली सरकार सेवा बिल, 2023 के खिलाफ़ नोटिस दिया है।
  नियमों के अनुसार यह बिल सदन में पेश किए जाने के अयोग्य है । pic.twitter.com/fJ3VQqKB5O

  — Dr. Sandeep Pathak (@SandeepPathak04) August 7, 2023 " class="align-text-top noRightClick twitterSection" data="

  संसद के नियम 66 और 67 के तहत हमने राज्यसभा में दिल्ली सरकार सेवा बिल, 2023 के खिलाफ़ नोटिस दिया है।
  नियमों के अनुसार यह बिल सदन में पेश किए जाने के अयोग्य है । pic.twitter.com/fJ3VQqKB5O

  — Dr. Sandeep Pathak (@SandeepPathak04) August 7, 2023

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  संसद के नियम 66 और 67 के तहत हमने राज्यसभा में दिल्ली सरकार सेवा बिल, 2023 के खिलाफ़ नोटिस दिया है।
  नियमों के अनुसार यह बिल सदन में पेश किए जाने के अयोग्य है । pic.twitter.com/fJ3VQqKB5O

  — Dr. Sandeep Pathak (@SandeepPathak04) August 7, 2023

According to Rule 66 (1) of the Rules Procedure and Conduct of Business in the Council "Whenever a Bill seeking to replace an Ordinance with or without modification is introduced in the Council, these shall be placed before the Council along with the Bill a statement explaining the circumstances which had necessitated legislation by Ordinance".

The government has not informed the House about the circumstances that necessitated the promulgation of the Ordinance on May 19 this year, barely eight days after the Supreme Court of India's five judge Constitution Bench judgement of May 11, which the government overturned through this ordinance, he elucidated.

Therefore, without an explanation for the Ordinance, the government cannot proceed with the bill in this August House according to Rule 66 (1) Also the government has deleted Section 3A of the Ordinance from the text of the Bill and has also altered the language of Section 45D, both these changes will have to be intimated to the House, the notice read.

"Further, I oppose this Bill in accordance with the provisions of Rule 67, para two, which states "Provided that where a motion is opposed on the ground that the Bill initiates legislation outside the legislative competence of the Council, the Chainman may permit a full discussion thereon.""

The AAP Parliamentarian submitted that the Bill in its present form falls outside the legislative Competence of this House since it seeks to amend the Article 239 AA of the Constitution of India by simple majority, which is Constitutionally impermissible.

Meanwhile, Congress MP Manish Tewari has given an Adjournment Motion Notice in Lok Sabha, demanding discussion on the border situation with China. His party colleague Manickam Tagore has given an Adjournment Motion Notice in the Lower House seeking discussion on the "misuse of probe agencies by the government and to direct the government to stop such attitude immediately." RJD MP Manoj Kumar Jha has given suspension of business notice in Rajya Sabha to discuss the Manipur situation.