Former Chief Justice of India Ranjan Gogoi's maiden speech on the Delhi Services Bill in the Rajya Sabha on Monday caused massive furore in the Upper House as he gave his support to the controversial bill.
The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, will replace an ordinance promulgated by the Centre for handling the transfers and postings of officials in the Delhi government.
It was moved in the Rajya Sabha by Union Home Minister Amit Shah on Monday after being passed by the Lok Sabha two days ago.
Several MPs of the Opposition, including Jaya Bachchan (Samajwadi Party), Priyanka Chaturvedi (Shiv Sena UBT) , Vandana Chavan (NCP) & Sushmita Dev (TMC), walked out in protest of Gogoi's speech.
"...To me the bill is correct, right," Gogoi said.
"What is pending before the Supreme Court is the validity of the ordinance, and the two questions referred to the Constitution bench, and that has nothing to do with what is being debated in the House," he added.
Participating in the debate on the bill, Gogoi, a nominated member of the Upper House, said it is the prerogative and the right of the members of the House to debate, and the question of the proposed legislation being sub-judice does not arise.
"So far as overreaching or outreaching the order of the court, Supreme Court, is concerned, very shortly put the position in my perception is this. The state legislature makes laws for the states. Parliament makes laws for the Union Territories," he said in his maiden speech in the House.
He said for the National Capital Region of Delhi, which has a special status, the state legislature or the legislature of Delhi makes the laws on state subjects except three matters.
'Bill is perfectly valid'
But as pointed by Mahesh Jethmalani (BJP), Gogoi said Parliament has the power to frame laws beyond the three matters and that is exactly what the bill is seeking to do.
"Therefore, there is no question of overreaching," he said.
Gogoi further said there is "absolute freedom" of speech in Parliament and whatever a member says in Parliament cannot be questioned in a court of law.
The former chief justice of India spoke on various aspects of the bill and other law points, and asserted that "...in my respectful submission, my contention, Bill is perfectly, legitimately valid".
