“Perfectly, legitimately valid”: Former CJI Ranjan Gogoi in Rajya Sabha on Bill to replace ordinance on Delhi services
Aug 07, 2023
New Delhi [India], August 7 : Rajya Sabha MP and former Chief Justice of India Ranjan Gogoi on Monday said that the 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.
Participating in debate on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, in the Upper House of Parliament, Gogoi also termed the bill as “correct and right”.
Justice Gogoi (retd) said the bill takes away Section 3A from the Ordinance promulgated by the Centre in May 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 necessiated by the provision of 3A of the Ordinance, which no longer exist,” he said.
Justice Gogoi (retd), who is a nominated member of the Upper House, said for Delhi, which has a special status, the legislature of Delhi makes the laws on three subjects and the Parliament has power to frame laws beyond these three subjects.
“And that is exactly what the Bill is seeking to do. Therefore, there is no question of overreaching.”
He said the legislative competence of Parliament to enact the law is not in dispute.
“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,” he said.
The House took up debate on the Bill earlier today after it was moved for considering and passing by Home Minister Amit Shah.
The bill has been passed by Lok Sabha.
