Delhi's Lawyer Abhishek Singhvi On Centre's New Law: "Graceless Loser"

In the game of politics, it seems that losing a match can lead to a desperate attempt to change the rules. It's like being a bad loser who can't accept defeat gracefully. This is exactly what has happened with the recent promulgation of an ordinance by the Indian government.

Doubtful Future for the Ordinance

While the government may have issued the ordinance, it is highly doubtful whether it will ever become an act. Parliament, consisting of both houses, will have to approve it, and that seems unlikely. But let's focus on the merits of the ordinance for a moment.

The Constitution Cannot be Changed by an Ordinance

It's important to understand that an ordinance, which is equal to an act, cannot change the Constitution. The Constitution can only be changed through a constitutional amendment. However, this ordinance seeks to change fundamental features of the Constitution, particularly with regard to Delhi's status as a union territory with special constitutional status. This, on the face of it, is unconstitutional and should be struck down.

Constitutional Underpinnings Cannot be Removed by an Ordinance

There are several constitutional underpinnings that cannot be removed by an ordinance. Firstly, the creation of Delhi as a union territory with greater decentralized power was meant to give it a status almost like a state. Secondly, the Supreme Court judgment itself recognizes the power of the NCT government and the limitations of the LG. Thirdly, the role of civil service in the NCT government is clearly defined in the Constitution. These underpinnings cannot be changed by a mere statute or ordinance.

The Farce of the Ordinance

The new ordinance is not only unconstitutional but also farcical in its implementation. It appoints a minority head, Sunil Prabhu, who will be overruled by two bureaucrats. These bureaucrats will not be answerable to the political executive, which goes against the very principle of civil service. Furthermore, the role of the CM is diminished, as the LG sits on top of all these three positions. It's a joke, and it undermines the constitutional principles that should be upheld.

Challenging the Ordinance

Given these reasons, it is clear that the ordinance will be challenged. While the government may have bought some time, it is only a matter of time before the court takes up the case. It is my belief that the court should and will stay the ordinance, both in the interim and in the final hearing. However, we must be patient and trust in the strategic approach that will be taken.

Confrontation and Provocation

The government has argued that their actions were justified due to alleged abuse and confrontation between the lieutenant governor and the NCT government. However, it is important to ask who is truly creating this confrontation. Who is obstructing, delaying, and provoking? The LG has been the initiator of this confrontation, and it is disheartening to see such behavior from a constitutional authority.

Insulting Delhi's Autonomy

The ordinance not only undermines the constitutional principles but also insults the autonomy of Delhi and its residents. Delhiites deserve the right to have autonomy and the ability to choose their government through elections. By taking away their power and giving it to civil servants, the government is disrespecting the people of Delhi.

The Sad Reality

In conclusion, the promulgation of this ordinance is not only unconstitutional but also sad. It reflects a lack of understanding of the principles of federalism, decentralization, and autonomy. The court will have to answer the question of why Delhi was given special status if it can be stripped away so easily. As we wait and watch, let us hope that the Supreme Court will intervene and uphold the principles of the Constitution.