Express Exclusive: Before Centre rolled back Chandigarh Bill, note sent to Punjab BJP in its favour

The Centre was told that the rationale behind such a decision, even if it was genuine, would be lost on the Punjabi-speaking population as it would be seen as the Centre tinkering with Chandigarh. The majority view in the state has always been that Chandigarh should be given to Punjab. The fe­e­d­back was that the law and order situation in the border state could turn volatile as the move would be seen as unnec­essary provocation, sources said.

The note, sources said, explained that although Parliament currently has the authority to make laws for Chandigarh, no laws have been created specifically for Chandigarh’s needs (except the Punjab Reorganisation Act 1966 and Chandigarh (Delegation of Powers) Act 1987) since 1966.

In contrast, other Union Territories can enact laws for their “local requirements” with Presidential approval under Article 240 of the Constitution, without needing Parliamentary intervention. Chandigarh, it is said to have argued, always had to extend laws passed by other states and often does not get suitable legislation.

Consequently, Chandigarh’s legislative system cannot be as efficient as other Union Territories, the note said. The proposal would provide flexibility in the legislative process as the government could pass “new amendments” through Presidential orders, without parliamentary process for minor changes. Without changing the constitutional status, capital role or administrative framework, the proposal would streamline governance, ensure legal adaptability, administrative efficiency, and protection of citizens’ interests, the note said.

The note explained that bringing amendments to old or irrelevant laws had become difficult in Chandigarh since it was kept out of the purview of Article 240 and Parliament’s approval is needed even for minor amendments. “Therefore, the inclusion of Chandigarh under Article 240, provides it with a modern legal framework bringing it at par with other Union Territories,” it said.

The note also explained that the current status of Chandigarh would remain unchanged as it would remain the shared capital of Punjab and Haryana. It would not impact administrative structures or appointments, does not entail transfer of any powers from current agencies or authorities and would not affect existing bureaucratic cadre services, it said. There would be no change to health, local services or law and order structures either.

On the other hand, the note said, the proposal would enable Presidential modifications to various provisions under the Punjab Reorganisation Act and other laws addressing specific needs more effectively.

Sources in Punjab BJP said they were “at a loss” to understand the timing of the move given that Assembly elections in the state are just a little over a year away and Prime Minister Narendra Modi had made repeated attempts to reach out to the Sikh community.

“We are organising functions to commemorate the 350th Shaheedi Diwas of Guru Tegh Bahadur. Prime Minister Modi is participating in an event in Kurukshetra…But I don’t understand the reason for this unnecessary needling every now and then…the anger over the Centre’s move to trim the Panjab University’s decision-making bodies Senate and Syndicate has hardly subsided…People are talking about Delhi’s high-handedness, and now this decision,” a senior BJP leader said.

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