Why is The Ordinance Contentious?
As an AAP insider explained to The Quint, "The Centre has used the ordinance route to indirectly return to its original position which it had taken in 21 May 2015 through a home ministry notification."
The notification, which formed the bone of contention between the AAP government and the Centre for the past eight years, gave the LG sweeping power over the services. It required the LG to consult the chief minister only at his “discretion”.
The notification had excluded Entry 41 (services) from the scope of powers of the Delhi government.
This ordinance forms a “permanent” National Capital Civil Service Authority (NCCSA) with the chief minister as chairperson, and the chief secretary and principal home secretary as member and member secretary, respectively.
The NCCSA will take decisions regarding transfers, postings, prosecution sanctions, disciplinary proceedings, vigilance issues, etc, of civil service officers deputed to the Delhi government through a majority voting system. This body, in turn, will recommend the decision to LG, who will then decide whether to accept or reject the proposal. Essentially, the ordinance puts the LG back in the driver's seat.
What happens if there is a difference of opinion between the Delhi government and the LG? The final decision lies with the LG.
"The authority will take decisions on the basis of majority. That means decisions will be taken by the Centre's bureaucrats. If it takes any decision that the Centre doesn't like, the LG will have the power to change the decision."Atishi, Delhi Education Minister
Atishi also pointed out that while the ordinance provides for the creation of the NCCSA with three members, it is to be noted that the chief secretary and the principal home secretary will be appointed by the Centre.
"This throws open a scenario in which NCCSA bureaucrats could possibly veto the chief minister," the party insider added.
The Supreme Court will hear on 10 July an appeal by the Delhi government against the Centre's ordinance on control of civil servants and services in Delhi.
Delhi Chief Minister and Aam Aadmi Party (AAP) supremo Arvind Kejriwal has been meeting leaders of other Opposition parties, seeking their support against the Centre's ordinance on control of services in Delhi.
On 19 May, the Centre had promulgated an ordinance which effectively nullified a Constitution bench judgment that shifted the authority of controlling bureaucrats in the national capital from the Lieutenant Governor (LG) to the Delhi government.
The ordinance came seven days after the Supreme Court handed over the control of services, excluding those related to police, public order and land, to the elected government in Delhi.
The issuance of the ordinance opened a new chapter in the protracted battle between the Centre and the Delhi government over control at various levels in the administration of the capital, with the ruling AAP vowing to challenge it in the top court.
So, which other parties have lent their support to the AAP? Can the party block the Centre's move in the Rajya Sabha when it tables a Bill to turn the ordinance into a law? The Quint explains.
Which Parties Have Extended Their Support to AAP on Ordinance?
Since the ordinance was issued, Kejriwal has met several leaders from the Opposition camp, including Nationalist Congress Party (NCP) chief Sharad Pawar, Samajwadi Party (SP) chief Akhilesh Yadav, Jharkhand CM Hemant Soren, West Bengal CM Mamata Banerjee, Telangana CM K Chandrashekar Rao, and Tamil Nadu CM MK Stalin, among other leaders, to seek support to defeat the NDA (National Democratic Alliance) in the Rajya Sabha.
"Almost all non-NDA parties have extended support to defeat the Bill," Priyanka Kakkar, national spokesperson of the AAP, told The Quint.
Last week, Kejriwal also met Communist Party of India general secretary D Raja, who assured him that his party will stand by by the AAP in opposing the Bill to replace the ordinance, whenever it comes in Parliament.
“The ordinance was framed in blatant violation of the established principles of federalism enshrined in the Constitution. The Narendra Modi government seeks to snatch away powers of an elected government," Raja said. "Bureaucrats can’t run the state because they are not directly accountable to the voters... The ordinance makes the chief minister and his Cabinet completely powerless."
What About the Congress?
The Congress units in Delhi and Punjab are fiercely against offering support to the AAP over the ordinance issue. For instance, senior Congress leader from Delhi, Ajay Maken, cited various instances when the AAP took a stance contrary to that of the Congress over issues of national importance. He recalled that the AAP had even passed a resolution in the Delhi Assembly, requesting the Centre to withdraw the Bharat Ratna awarded to former prime minister Rajiv Gandhi.
As a result, it has put the Congress high command in a tight spot, even casting a shadow on the idea of opposition unity.
According to The Week, after indicating that the Congress would oppose the ordinance in Parliament, the issue has still been put under discussion.
In their meetings with Congress president Mallikarjun Kharge and senior leader Rahul Gandhi, most Congress leaders from Delhi and Punjab opposed extending their support to the AAP, citing administrative and political issues, according to the magazine. They have argued that since Kejriwal is on the back foot over corruption charges against the Delhi government and wants control of the vigilance, he is therefore keen to block the ordinance.
"We view the AAP as the BJP's 'B' team. Any understanding with the AAP will only harm the Congress,” Partap Singh Bajwa, leader of Opposition in the Punjab Assembly, told The Quint.
But for now, "there is no need for the party to rush into a decision since there is time left for the ordinance to come before Parliament," as per another senior Congress leader.
The AAP's Kakkar opined, "We are not seeking support from parties for the AAP. Rather, we are seeking support against the fact this ordinance that is 'unconstitutional' in nature and has snatched away the powers of the Delhi government."
"Tomorrow the same thing can be repeated anywhere. The Congress has not yet extended their support to us. But they have neither spoken out against the BJP over the issue which in a way can be interpreted as it supporting the latter party.Priyanka Kakkar
How the Numbers Stack up in Rajya Sabha?
To get a sense of whether the AAP will be able to garner enough support or not, it is crucial to look at the numbers.
While in the Lok Sabha, the BJP-led National Democratic Alliance (NDA) enjoys a majority, it is a different story in the Rajya Sabha.
The current strength of the Upper House of Parliament is 238 with seven vacant seats – four from Jammu and Kashmir, two nominated, and one from West Bengal. In the Rajya Sabha, the majority mark is 120.
Currently, the NDA’s tally is 106. Of this, the BJP has 93 members, including the five nominated members who are affiliated to it — Rakesh Sinha, Mahesh Jethmalani, Ram Shakal, Sonal Mansingh, and Ghulam Ali Khatana.
The other five nominated members – PT Usha, Ranjan Gogoi, Veerendra Heggade, V Vijayendra Prasad, and Ilaiyaaraja – though not affiliated to any party may likely support the BJP, taking the NDA’s total tally in the Rajya Sabha to 111.
As against this, the Opposition numbers, excluding the Yuvajana Shramika Rythu Congress Party (YSRCP), the Biju Janata Dal (BJD), the Bahujan Samaj Party (BSP), the Telugu Desam Party (TDP), and the Janata Dal (Secular), who together have 21 members, is at 106. This number is including the AAP’s 10 members in the Upper House.
The YSRCP, the BJD, the BSP, the TDP, and the Janata Dal (Secular) were among the Opposition parties which had not boycotted the inauguration of the new Parliament by Prime Minister Narendra Modi last month. However, as of now, they have not made clear their standing on the ordinance issue as it involves the right of the state – and could extend support to the AAP.
If the YSR Congress and the BJD, who have nine members each in the Upper House, decide to side with the BJP, the NDA numbers will go up to 129, which is past the majority mark. In the past, both the parties have either supported the BJP or abstained from voting. Naveen Patnaik's BJD, however, has in the past supported the BJP on contentious laws such as the Citizenship (Amendment) Bill, amendments to the Unlawful Activities (Prevention) Act, and abrogation of Article 370.
The BSP, the TDP, and Janata Dal (Secular) have one member each in the Rajya Sabha. So far, they have also remained non-committal on the issue. They could go with the BJP or abstain or support the AAP. Lately, the TDP has been seen as going soft on the saffron party. Recently, BJP sources told The Indian Express that the party leadership has already resumed alliance talks with the Janata Dal (Secular) in Karnataka, and the TDP in Andhra Pradesh and Telangana ahead of the 2024 Lok Sabha polls. A former BJP ally, the TDP had walked out of the NDA in 2018, demanding special category status for Andhra Pradesh.
If all the five parties decide to support the BJP, the NDA’s number will jump to 132.
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