'Perfectly, legitimately valid': Former CJI Ranjan Gogoi on Delhi Services bill

PTC News Desk: Bill to replace ordinance for control of services in Delhi is “perfectly, legitimately valid” and that if any member disagrees, his conscience must be left free, said Rajya Sabha MP and former Chief Justice of India Ranjan Gogoi on Monday.

Gogoi called the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, "correct and right" during a debate in the Upper House of Parliament.

According to Justice Gogoi (retd), the bill repeals Section 3A of the Ordinance published by the Centre in May of this year.

“To my mind when 3A has been taken out of the Ordinance and it is not there in the Bill, the questions referred to the Constitution bench stand self-answered. Because if you read the order of the SC, referring the matter to the Constituion Bench…my view is that the entire reference has been necessitated by the provision of 3A of the Ordinance, which no longer exists,” the former CJI said.

According to Justice Gogoi (retd), a nominated member of the Upper House, the legislature of Delhi passes laws on three subjects, while the Parliament has the power to frame laws outside these three subjects.

“And that is exactly what the Bill is seeking to do. Therefore, there is no question of overreaching.”

He stated that Parliament's legislative ability to enact laws is undisputed.

“In the House today, parliamentary democracy compels House members to vote according to the party dictates…it’s a small section of people to whom you appeal to their conscience. To me, the bill is correct, right. My conscience tells me to do something, I'll do it, but if somebody disagrees, his conscience must be let free."

The House began debating the Bill earlier today after Home Minister Amit Shah moved it for consideration and approval.

Lok Sabha passed the bill.

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