“Not arbitrary”: Former CJI Ranjan Gogoi on Bill to replace Ordinance on Delhi services

New Delhi [India]: Rajya Sabha MP and former Chief Justice of India, Ranjan Gogoi, on Monday said the Bill to replace the Ordinance, brought earlier by the Centre for the control of services in the national capital does not “violate the basic feature of the Constitution and is not arbitrary”.

“Does it violate the basic feature of the Constitution? So I have to say something about the basic feature. The Bill to my liking does not make it arbitrary,” the former Chief Justice of India said.

Rajya Sabha Chairman Jagdeep Dhankar then allowed him to continue the discussion.
Invoking a book by Andhyarujina, the former Chief Justice of the Supreme Court said, “That the doctrine of the basic structure of the Constitution has a debatable Jurisprudential basis.”

Gogoi said that the Bill to replace the ordinance for control of services in Delhi is “perfectly, legitimately valid” and if any member disagrees, his conscience must be “left free”.
Termimh the draft 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 necessitated by the provision of 3A of the Ordinance, which no longer exist,” he said.

Justice Gogoi (retd), who was nominated the Upper House, said for Delhi, which has a special status, the legislature makes laws on three subjects and the Parliament has the 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, adding that 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 on Monday after it was moved for consideration and passage by the Home Minister.

The Bill empowers the Lieutenant Governor of Delhi to control Group A services in Delhi, including on matters relating to appointments, transfers and postings. The Bill was passed in Rajya Sabha after a division in which 131 MPs voted in favour of the legislation and 102 against it.

The Bill was passed by the Lok Sabha last week