The Bharat Rashtra Samithi (BRS) on Monday issued a whip to its Rajya Sabha MPs to vote against the Delhi Services Bill.
The development is a shot in the arm for the Opposition as the Delhi Services Bill has become a major point of convergence for the INDIA coalition. Delhi Chief Minister and Aam Aadmi Party (AAP) convenor Arvind Kejriwal had earlier crisscrossed the country to meet Opposition leaders to mount a united front against the bill, which replaces an ordinance promulgated in May.
The Narendra Modi government lacks a clear majority in the Rajya Sabha, but the Opposition bloc INDIA also does not have such majority, which means that both the blocs have to depend on support from unaligned parties.
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"All the MPs of BRS (Rajya Sabha) are requested to vote against the bill to replace the Ordinance on Delhi Services, any time brought before the House," said BRS in a statement, according to PTI.
What is the Delhi Services Bill?
The National Capital Territory of Delhi (Amendment) Bill, 2023 is called the Delhi services bill in common parlance. It replaces an ordinance that the Narendra Modi government promulgated in May.
In May, the Modi government promulgated an ordinance to crate the National Capital Civil Service Authority (NCCSA) for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre, which effectively rolled back a Supreme Court order earlier that month that gave control of the Delhi’s bureaucracy to the elected government in all matters except policing, public order, and land.
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The AAP opposed the ordinance, which has for years sought greater power in Delhi's unique governance model and has complained over the years that the Modi government interferes in the government's working through the Lieutenant Governor.
The 26-party coalition INDIA, of which AAP is a constituent, opposed the Delhi Services Bill.
The AAP government has challenged the ordinance in the Supreme Court and the matter is pending before a Constitution bench, but the ongoing hearing has no bearing on the bill being put in the house. Moreover, there are precedents from the first PM Pandit Jawaharlal Nehru's tenure of the Executive overruling the Judiciary's decision through Legislature.
How do numbers add up in Rajya Sabha?
Unlike the Lok Sabha, the Bharatiya Janata Party (BJP) does not have a clear majority in Lok Sabha.
In the 245-member Rajya Sabha, the BJP has 92 members, according to the Rajya Sabha website. The broader BJP-led National Democratic Coalition (NDA) coalition has a total of 100 MPs.
The majority mark is 120 as some seats are still vacant. If all seats would have been occupied, the majority-mark would have been 123.
While the NDA, which no longer has any substantial non-BJP constituent, lacks clear majority, the Opposition INDIA coalition does not have it either. The PTI has reported that INDIA has 101 MPs. Therefore, both the blocs have to depend on non-aligned parties.
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The Bharat Rashtra Samithi (BRS) has seven MPs in Rajya Sabha. The support of these seven MPs would take the INDIA's tally to 108.
Among the non-aligned parties whose votes could make the bill sail or sink are:
- Biju Janata Dal (BJD) : 09
- YSR Congress Party : 09
- Janata Dal-Secular : 01
- Bahujan Samaj Party : 01
- Telugu Desam Party :01
There are also five nominated MPs and three Independents. Together, the five non-aligned parties have 21 votes and, when added with the nominated and Independent MPs, the number of unaligned votes goes to 29.
In the Rajya Sabha, it is these 29 non-aligned votes that will make or break any legislation, including the Delhi Services Bill. The NDA needs 20 of these 29 votes whereas INDIA now needs 12 of these votes.
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How are non-aligned parties expected to vote?
The Bharat Rashtra Samithi (BRS) has already ended the suspense by issuing a whip for the opposition of the bill.
As for the other parties, their position on the Delhi Services Bill could be gauged from their previous voting patterns.
The BJD (nine MPs) could support the Delhi Services Bill as it has voted along with the Modi government in the past. The YSR Congress Party is also expected to support the Modi government, reported PTI.
There have been signs of a thaw between the BJP and the Janata Dal-Secular (JD-S) as well. In Karnataka, where both the parties are in the Opposition, the JD (S) has said it would cooperate with the BJP. This could translate into support in Rajya Sabha but word has yet come on it.
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The Deccan Herald noted in an article that these regional parties have on most occasions come to the rescue of the Modi government. The article further noted that the numbers situation become complicated as two parties, the Nationalist Congress Party (NCP) and Shiv Sena are split into two factions.
Govt has made changes in the Delhi Services Bill: Report
There are three major changes in the Delhi Services Bill and it is not same as the ordinance earlier promulgated, according to a report.
The report said that the bill has dropped the contentious provision apparently meant to undo the effect of a May 11 Supreme Court order, reported Hindustan Times.
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The HT report also said, "It also proposes to change the manner in which tribunal heads are to be appointed in the national capital, assigning some prerogatives to the lieutenant governor now, as opposed to the Ordinance’s approach of the final signatory being the President of India.
