Bharti moves private resolution against Centre's notification

AAP MLA Somnath Bharti today moved a private member resolution at special session of the Delhi Assembly to "ignore" a notification issued by the Centre giving absolute powers to the Lt Governor and called it "unconstitutional" and "invalid".
"I resolve to ignore notification of Ministry of Home Affairs and directs the Government of National Capital Territory of Delhi and its employees to ignore it and to function as if this notification did not exist," Bharti said during the discussion.
He claimed that the notification is violative of the provisions of the Constitution of India.
"Subjects which are beyond the legislative competence of the Legislative Assembly of Delhi, are explicitly mentioned in Article 239AA (3)(a), (b) and (c) and do not give any powers to the Central Government to add any entries to the list of reserved subjects through notification.

"The Ministry of Home Affairs has passed this notification without any jurisdiction to do so. Therefore, it is an illegal and invalid exercise of powers on the part of the Ministry of Home Affairs," Bharti said.
He further said that act of Ministry of Home Affairs as an attempt on the part of the Central government, to "encroach upon" the legislative powers of the Assembly in a completely "unconstitutional and illegal manner".

"Therefore, this house declares this notification as unconstitutional and invalid," Bharti said while moving his resolution.
In the resolution Bharti said that this house urges President Pranab Mukherjee to invoke his powers under Article 143 and to make a reference to the Supreme Court to clearly define the powers and responsibilities of the elected Government of Delhi, the Lieutenant Governor (Delhi) and Central Government with respect to legislative and executive functions of Delhi, to prevent recurrence of such incidents in future.

He said opinions received from constitutional and legal experts have also stated that the central government notification is unconstitutional and illegal.
"The Parliament of India through its MPs is supreme and members of Lok Sabha and Rajya Sabha are the only authorised persons empowered under the Constitution of India to make changes in the Constitution under Article 368 of the Constitution of India.
"I would further urge this house to write to all members of parliament of Lok Sabha and of Rajya Sabha about the unconstitutional act of Ministry of Home Affairs," he mentioned.
However, Leader of the Opposition in the Delhi Assembly, Vijendra Gupta walked out of the Assembly. Members of assembly will discuss the private member resolution tomorrow.