The Delhi services bill was passed in the Rajya Sabha on Monday with 131 MPs voting in its favour and helping the government complete the parliamentary procedure for the proposed legislation that saw the opposition parties join ranks.
The Bharatiya Janata Party and its allies got a boost as the Biju Janata Dal and the YSR Congress Party, with nine MPs each, supported the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.
On the other hand, the opposition, which brought a wheelchair-bound former prime minister Manmohan Singh and an ailing Sibhu Soren to the House to shore up its numbers, could manage only 102 votes against the bill.
During the division of votes on the passage of the bill, the opposition got less votes than the anticipated 108 votes and the ruling alliance got the support of more than the expected 128-129 MPs.
The Rajya Sabha has a current strength of 238 and there are seven vacancies.
Replying to a six-hour emotionally charged debate in the House, Union Home Minister Amit Shah said the urgency of first bringing an ordinance and now the bill was to stop Delhi's ruling Aam Aadmi Party from transferring officials connected to the probe into the Rs 2,000-crore liquor "scam".
The BJP is in power in several states and does not need to usurp power in Delhi, he said responding to a charge that has been repeatedly levelled by the opposition.
The minister claimed the bill does not violate the Supreme Court judgment in any manner and it seeks to provide efficient and corruption-free governance and protect rights of citizens of the national capital.
The Supreme Court had on May 11 ruled that the elected government of Delhi has control over services in the national capital, excluding the matters relating to public order, police and land.
On May 19, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to create an authority for the transfer and posting of Group-A officers in Delhi.
The bill, which will replace the ordinance, will now go to the President for her assent before it becomes law.
"We have not brought this bill to grab power for the Centre. The Delhi government is trying to encroach on the Centre's powers and the bill has been brought to legally stop them from doing so," Shah said.
"We had to bring this bill as lawlessness had crept into Delhi's governance," he said.
Shah also attacked the Congress saying it was opposing a constitutional amendment it had brought earlier only to appease its alliance partners for political reasons.
On the charge of the bill being undemocratic, the home minister hit out at the Congress saying it has no right to lecture on democracy as it had taken away the rights of the common people by imposing the Emergency during which over 3 lakh opposition leaders were jailed.
The bill was passed after motions to send the proposed legislation to a select committee of the house, as well as amendments proposed by opposition members, were rejected by voice vote.
"The motion is adopted and the bill is passed," announced deputy chairman Harivansh Narayan Singh after announcing the result of the division of votes sought by opposition members.
Soon after, BJP MPs chanted "Modi, Modi" and thumped desks.
Shah earlier said Delhi did not have full powers of a state and anyone seeking to govern it should consider that.
"If you contest the election in Delhi, just keep in mind that it is not a state but a Union territory. If you dream to become the prime minister, then you will have to contest the MP (parliamentary) elections and cannot fulfil your dream by contesting the MLA (assembly) elections in a Union territory," he said.
"They have to change their mindset," he said, adding that those contesting Delhi polls should realise that they have limited powers.
"The AAP wants to enjoy the powers of a complete state and this is why they are opposing the bill. But no one can solve this problem of theirs.
"We don't need power because the people of India have already blessed us with that. We have brought this amendment to prevent encroachment of power," Shah said, adding that "using good words does not change the reality that anarchy is being spread."
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