Can the Centre get control of civil services in Delhi?

The Central government is expected to soon table a Bill to replace its ordinance on the control of services in Delhi during the ongoing Monsoon Session of Parliament. On Tuesday (25 July), the Union Cabinet reportedly green-lit the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, paving the way for its introduction in Parliament. The ruling Aam Aadmi Party (AAP) government in Delhi has been opposing the service ordinance that gives the final say to Lieutenant Governor VK Saxena over the transfers, posting as well as disciplinary proceedings and prosecution sanctions against bureaucrats in the National Capital. The Bill will easily sail through Lok Sabha, where the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government enjoys an overwhelming majority. It’s the Rajya Sabha that may pose a challenge. With the Bill set to be tabled in Parliament, can the NDA government pass the Rajya Sabha hurdle? What will happen if the legislation is enforced? Let’s take a closer look. Who is against the Bill? AAP has the support of the newly-formed INDIA (Indian National Developmental Inclusive Alliance) coalition of anti-BJP parties. The Arvind Kejriwal-led party decided to join the alliance only after it was assured of the Congress’ support against the proposed legislation. The Congress, the Trinamool Congress (TMC), the Rashtriya Janata Dal (RJD), the Janata Dal (United) or JD(U), all part of the INDIA bloc, have issued whips to their MPs asking them to be present in the Rajya Sabha on Thursday and Friday and vote against the Bill, reported The Hindu. [caption id=“attachment_12923492” align=“alignnone” width=“640”] INDIA bloc will back the AAP against the Delhi services Bill in Parliament. PTI File Photo[/caption] According to news agency ANI, JD(U) issued a three-line whip to its party MP and Rajya Sabha deputy chairman Harivansh Narayan Singh on Thursday (27 July) to vote against the Bill. K Chandrashekhar Rao’s Bharat Rashtra Samithi (BRS), not a part of the INDIA coalition , has also issued a whip to its members to vote against the Delhi services Bill in the Upper House. “All Members of Parliament of the Bharat Rashtra Samithi (Rajya Sabha) are requested to vote against the bill to replace the ordinance on Delhi services, any time that it is brought before the House. All the Members of Parliament of BRS (Rajya Sabha) shall be present in the House on 26, 27 & 28th July 2023 and remain in the House till the voting on the bill is over,” Hindustan Times (HT) reported citing the whip. The Rajya Sabha presently has 237 members which sets the majority mark at 119. With the support of seven BRS MPs in Rajya Sabha, the Opposition grouping of INDIA can muster 108 votes against the Bill, as per HT. ALSO READ: Why is AAP at loggerheads with Centre over ‘services’ ordinance in Delhi? Where does the NDA stand? It seems NDA is all set to get the Bill on the control of services in Delhi passed in Parliament. Andhra Pradesh chief minister Jagan Mohan Reddy’s YSR Congress Party (YSRCP) has decided to put its weight behind Narendra Modi-led NDA on the Bill. “We will vote in favour of the government on both issues,” YSRCP leader V Vijaysai Reddy told NDTV. Explaining the party’s reasoning behind the move, Reddy, as per HT, said, “We would have backed them (AAP) if Delhi was a full-fledged state. In this case, it is not a full state and there are many areas which lie with the government". [caption id=“attachment_12923462” align=“alignnone” width=“640”] Jagan Mohan Reddy’s YSR Congress Party will support Narendra Modi-led NDA over the Delhi services Bill in Parliament. PTI File Photo[/caption] The YSRCP, which has nine members in the Upper House and 22 in Lok Sabha, has often sided with the government on crucial bills even though it is not a part of the NDA. The BJP and its allies, including All India Anna Dravida Munnetra Kazhagam (AIADMK), have 101 members in the Rajya Sabha, out of which 92 MPs are from the saffron party. With support from Independents and other non-aligned parties, the NDA could get 123 votes in favour of the Bill, as per HT. Thus, the NDA looks poised to get the Delhi services Bill cleared in Rajya Sabha. Odisha chief minister Naveen Patnaik’s Biju Janata Dal (BJD), a non-aligned party with nine MPs in the Upper House, has not made its stance clear but is likely to support the Central government. “We are yet to take a decision on the issue,’’ a BJD spokesperson told HT. How will the Bill affect power dynamics in Delhi? In May, the Central government brought an ordinance nullifying the Supreme Court order which granted the power to the elected Delhi government to administer civil services, excluding police, public order and land, in the National Capital. The Delhi government had called the Centre’s ordinance “unconstitutional” and a “case of contempt of court”. As per Indian Express, the ordinance led to the establishment of the National Capital Civil Service Authority (NCCSA) to decide the “transfer posting, vigilance and other incidental matters” regarding Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre. The NCCSA has the Delhi chief minister as chairperson, and Chief Secretary and Principal Home Secretary as the other members. However, in case of a dispute, the services ordinance empowers the LG – an arm of the Centre – to take a final call on decisions made by the Authority. If the services Bill gets passed in Parliament, it will put the LG back in the driver’s seat over control of services in Delhi. This was previously done by the BJP-led Central government through a Union home ministry notification in 2015, leading to discord between the Centre and the Kejriwal government in Delhi. With inputs from agencies