MCD Bill introduced in Lok Sabha; Opp slams ‘breach of Constitution’

“What about the will of the members of the Delhi Legislative Assembly? That is why I am saying it is totally against the basic feature of the Constitution, that is, cooperative federalism,” he said.

Congress MP Gaurav Gogoi said the Bill is against the objective to “democratise and decentralise” the Municipal Corporation of Delhi (MCD) by its trifurcation 10 years ago.

In 2012, the MCD was divided into three bodies – North Delhi, South Delhi and East Delhi municipal corporations

Gogoi’s party colleague and MP, Manish Tewari said the Parliament lacks the legislative competence to unify the Capital’s three municipal bodies. It is the Delhi Assembly that is empowered to do so, he added.

“After Part 9A was inserted into the Constitution of India with effect from 1st June, 1993, the power to constitute municipalities lies with the state governments in terms of Articles 243P and 243R of the Constitution of India. Secondly, as per Article 246 read with Seventh Schedule, entry 5 of the State List, powers to constitute municipal corporations is with the states,” he said.

The Bill, which was cleared by the Union Cabinet on Tuesday, states that in at least 11 sections of The Delhi Municipal Corporation Act, 1957, the words “Central Government” shall replace “Government”, wherever it occurs.

It also proposed the appointment of a Special Officer who can head the corporation until representatives of a unified MCD are elected. This is seen by many as the Centre having a foot in the door till elections are held.

Criticising the delay in municipal elections in Delhi due to the Bill, Bahujan Samaj Party (BSP) MP Ritesh Pandey said: “The Centre has not only not held elections… it has put elections on hold to bring this Bill.”

Denying the accusations, Minister of State Rai said the proposed amendment does not in any way violate the Constitution or its basic structure. “As per Article 239 KK, any law passed by the Legislative Assembly of the National Capital Territory of Delhi can be amended by the Parliament,” he said.