AAP spokesperson slams oppn, asks them to understand constitution, law

NEW DELHI: Aam Aadmi Party (AAP) Chief Spokesperson Saurabh Bharadwaj slammed the opposition who urged that Delhi being a union territory can not have its own Public Service Commission when the Assembly moved a resolution on the setting up of a separate Public Service Commission for Delhi and was unanimously adopted by the the house on Monday.

“It seems that they are either not aware of the July 4 judgment by the Constitution Bench of the Supreme Court or their understanding of constitutional law of the country is extremely poor. They also seem unaware of the nine-judge constitutional bench judgment in 1996 NDMC case, which held that NCT of Delhi is a class in itself,” said Bharadwaj.

Bharadwaj urged oppn leaders to read, understand and assimilate the constitutional and legal points which mentioned that the Legislative Assembly of Delhi can enact law on any entry in the State list except the subjects of Law and Order, Police and Land

He urged them to read, understand and assimilate the constitutional and legal points which mentioned that the legislative Assembly of NCT of Delhi can enact law and pass legislation on any entry in the State list except the subjects of Law and Order,police, and Land.

The recent Judgment by the constitution bench of Supreme Court has given clear verdict on the constitutional rights and privileges of the government of NCT of Delhi. It has executive powers relating to all entries on which the legislative Assembly of Delhi has powers to legislate, which means all entries in List 2 except the entries 1,2 and 18 and all entries in Concurrent List i.e. the List 3. “The entry “Services” which enables a Government to constitute Public Service Commission and to establish different Public Services, is enumerated at entry 41 of the List 2, that is the State List,” said in his statements.

This is not one of the excluded entry from the purview of Legislative Assembly of NCT of Delhi for the purposes of legislation, neither it is an excluded entry from the purview of the Government of NCT of Delhi for the purposes of exercise of executive powers in this regard. Hence, it is within the constitutional right, obligation and authority of the Legislative Assembly of NCT of Delhi to legislate on the subject of “Services”, which include legislation and giving direction to it’s government on the subject matter of “Services”.