Delhi Assembly today decided to send to the President, Lt Governor and MPs copies of the resolution which it passed today against the MHA notification giving absolute powers to the LG.
Delhi assembly accepted four amendments by three MLAs on a Private Member's Resolution moved by AAP MLA Somnath Bharti in the Legislative Assembly on the first day of the session.
AAP MLA Somnath Bharti yesterday moved a private member resolution and called the central government notification "illegal" and "invalid". This house also recommended the government to bring legislation for creation of NCT Public Service.
"This House is of strong and unambiguous opinion that this notification is unconstitutional and invalid and expects the Government of NCT of Delhi to take all such necessary action, as it deems fit," reads the resolution.
Bharti, in his resolution, 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," it reads.
Bharti, in his resolution, mentioned 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.
