Attempt to Unite Opposition to Defeat in Rajya Sabha Bill to Replace Ordinance on Delhi Services

Manas Dasgupta

NEW DELHI, May 21: The Bihar chief minister Nitish Kumar after a meeting with his Delhi counterpart Arvind Kejriwal is claimed to have agreed to help mobilising all opposition parties to create a wall in the Rajya Sabha against the BJP government’s “unconstitutional” ordinance on the control of services in the national capital.

Nitish Kumar along with his deputy and the Rashtriya Janata Dal (RJD) leader Tejashwi Yadav met Kejriwal at his residence on Sunday and discussed the opposition unity against the BJP in the 2024 Parliamentary elections.

After the meeting Kejriwal said Nitish Kumar had agreed to give complete support to his proposed Rajya Sabha “plan” that could be a “semi-final” before the general elections. Calling “unconstitutional” the Centre’s ordinance on Saturday to circumvent the Supreme Court order in favour of his government in controlling the administration of the services, Kejriwal said Nitish Kumar had given him “full support” on the issue, and they would fight it out together.

An ordinance has to be ratified by Parliament within six months.

“We will, together, fight the injustice done to Delhi by the central government. I have requested that if all non-BJP opposition parties gather together, the Ordinance can be defeated in the Rajya Sabha in the form of a bill. It will be a semi-final if the move is defeated in the upper house. A message will go across the country that BJP will not be able to return in 2024,” he said.

Seeking a Bill in Rajya Sabha to strike down the Centre’s decision, backed by the Opposition-led governments, Kejriwal said, “If this Bill gets passed, then there will be no BJP in 2024.”

Kejriwal said Nitish ji is getting all the Opposition to fight against the Centre.” “If all the non-BJP state governments come together, they can bring this matter in the Rajya Sabha via a Bill. If this Bill gets passed, then there will be no BJP in 2024… If the Centre’s decision gets defeated in the House, then it will be the semi-final of BJP in 2024,” he added.

On Saturday, Kejriwal had appealed to all opposition parties to oppose the Centre’s move. “I will speak to each head of party myself and will ask them to oppose the Bill. This is undemocratic and should not be passed,” he said.

He also called the ordinance “undemocratic,” “unconstitutional,” an “attack on the federal structure” and a “direct challenge” to the Supreme Court. He added that the AAP would file a petition against the ordinance in the Supreme Court as soon as it reopens after the summer recess (May 22 to July 2).

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Centre on Friday, will set up a National Capital Civil Service Authority to decide on transfers and postings of all Group A and DANICS officers in the capital. According to the ordinance, the authority will be chaired by the Delhi Chief Minister and will include the Chief Secretary and the Principal Secretary, Home, and “all matters… shall be decided by majority of votes of the members present and voting.” This, effectively, means two bureaucrats, appointed by the Centre, could overrule the elected CM. It also says that in case of differences, the “decision of the Lieutenant Governor shall be final.”

Nitish Kumar said, “The Supreme Court has given the Delhi government the right to work, how can you take it away? This is astonishing. We are with them (AAP) and will hold more meetings. We are trying to unite as many opposition parties as possible and run a nationwide campaign regarding this,” he said, adding that the rule of law must be followed and there should be harmony among people. “There is an attempt to create discord among the people, which is wrong,” he added. Kumar further said he is meeting West Bengal Chief Minister Mamata Banerjee on Tuesday regarding this.

Arvind Kejriwal will meet Shiv Sena (UBT) leader Uddhav Thackeray and NCP Chief Sharad Pawar on May 24 and 25 respectively in Mumbai to discuss the plan to block the Ordinance in the Rajya Sabha. Tejashwi Yadav called the Centre’s move a “danger to democracy.” “They are trying to change the Constitution. We won’t let that happen,” he said.

The centre has justified the Ordinance saying that dual authority and responsibility of the national capital will endanger security, and affect the coordination that the administration of the country requires. “Having central control over the administration of Delhi will help the Centre engage better with embassies of foreign countries and other diplomatic entities, and ensure that national interests are prioritized over local considerations,” is the Centre’s justification, according to officials.

Kumar criticised the Centre for promulgating the ordinance after the Supreme Court verdict in the matter. “How can you take away an elected government’s power,” the Janata Dal (United) leader asked. “Look at the Constitution and see what is right. Whatever he (Mr. Kejriwal) is saying is right. We are completely with him,” he said.

Kumar said Kejriwal is doing good work in Delhi and it’s surprising that his government was being stopped from doing its work. “That’s why we are saying that all (opposition parties) in the country should come together,” he said.

The Bihar Chief Minister assured that he will make efforts to bring opposition parties together in support of Kejriwal. “We will hold further meetings. We are trying to ensure that the maximum number of opposition parties come together and a nationwide campaign is launched to demand that laws are followed and there is mutual harmony and brotherhood in the country. Efforts are being made to create conflicts among people. Such things should be stopped,” he said.

When asked, Kumar said he will also speak to the Congress leadership on the issue of the ordinance. “I don’t think anybody will oppose it (supporting Kejriwal). We will talk to them,” he said.

Sunday’s meeting was the second between Kumar and Kejriwal in over a month. Kumar had earlier met Kejriwal on April 12 as part of his efforts to bring all opposition parties together ahead of the 2024 Lok Sabha elections.

With Kejriwal’s relations with the Congress far from smooth, Kumar has the task of building some kind of a working relationship between the two as he also sees the grand old party as critical to any Opposition unity bid. The AAP has grown in Delhi and Punjab by occupying the space once largely seen as Congress territory. A section of Congress leaders believe that reclaiming the constituency is the key to the party’s revival in these states and any compromise on it can hamper their plans.