 "3 reasons why JPC on Waqf Bill suits Modi govt more than a select committee")
In a strategic move that has sparked considerable debate, the Narendra Modi government last week announced the formation of a 31-member Joint Parliamentary Committee (JPC) — a first since 2019 — to examine the Waqf (Amendment) Bill. This decision has been met with questions and scepticism about its implications for the legislative process.
The Waqf (Amendment) Bill, 2024, that the government introduced to Parliament last week seeks to rename the existing Waqf Act of 1995 to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. It has proposed a range of changes in the way the Waqf Board functions and enforces its powers.
The JPC was announced after strong objections from Opposition parties, particularly the Congress, the Trinamool Congress, the DMK, the NCP, and the AIMIM. They alleged that the Bill undermines India’s federalism and constitutional principles.
The 21 MPs from Lok Sabha in the JPC are Jagdambika Pal, Nishikant Dubey, Tejasvi Surya, Aparajita Sarangi, Sanjay Jaiswal, Dilip Saikia, Abhijit Gangopadhyay, DK Aruna, Gaurav Gogoi, Imran Masood, Mohammad Jawed, Maulana Mohibullah Nadvi, Kalyan Banerjee, A Raja, Lavu Sri Krishna Devarayalu, Dileshwar Kamait, Arvind Sawant, Suresh Gopinath, Naresh Ganpat Mhaske, Arun Bharti and Asaduddin Owaisi.
The 10 Rajya Sabha members for the JPC on the Waqf Bill are Brij Lal, Dr Medha Vishram Kulkarni, Gulam Ali, Dr Radha Mohan Das Agrawal, Syed Naseer Hussain, Mohammed Nadeem Ul Haq, V Vijayasai Reddy, M Mohamed Abdulla, Sanjay Singh and Dr Dharmasthala Veerendra Heggade.
Impact Shorts
More ShortsAs the government has not yet spelt out the terms of reference for the committee, speculation is rife about its real scope during the review of the new Waqf Bill and impact it may have on the final outcome of the proposed law. However, there are three key reasons to indicate as to why the formation of the JPC might be more advantageous for the Modi government compared to a Joint Select Committee, a provision backed by the rules of Parliament.
Less binding nature of the JPC
The rules of Parliament have a specific provision of forming joint select committees, where ministers can also become members. In the past, several such committees have had ministers as members.
A primary advantage for the Modi government in opting for a JPC lies in its relatively non-binding nature. Unlike a joint select committee, which is empowered to make amendments to the Bill and can have ministers on the panel, a JPC primarily functions to provide recommendations. The primary duty of a select committee is to examine the Bill clause by clause and if necessary and backed by a majority on the panel can amend the Bill.
These recommendations are though not mandatory for the government to implement, the distinction in the nature of the two panels allows the government to sidestep JPC’s direct amendments to the Bill but doing so becomes difficult in the case of a select committee as the government is represented on the panel through one or more ministers.
By choosing a JPC, the government can benefit from a less rigid process, where the recommendations do not obligate changes to the proposed legislation.
JPC helps the government buy time till…
The formation of a JPC also appears to be a strategic move to buy time. Currently, the ruling coalition led by the Bharatiya Janata Party (BJP) of Prime Minister Narendra Modi is working towards securing a clear majority in the Rajya Sabha, where it faces challenges in passing legislation smoothly.
Rajya Sabha bypolls for 12 seats are scheduled for September 3. The BJP-led alliance is likely to secure a clear majority in the Rajya Sabha after the by-election — a feat that may help it get the nod for key legislation including the Waqf (Amendment) Bill.
As of now, the Rajya Sabha has an effective strength of 229. The BJP has 87 members of its own and with its allies the number is 105. There are six nominated members, who usually vote with the ruling alliance. They take the ruling alliance’s strength to 111 — still four short of the majority mark of 115.
Of the 12 seats up for the grab early next month, the BJP and its allies are likely to secure 11. This will take the ruling alliance’s tally in the upper house to 122 in the 241-member House, with four vacancies still pending as Jammu and Kashmir (four seats), the Union Territory, is yet to elect its first legislative assembly.
By delaying the passage of the Waqf Bill through the establishment of a JPC, the government can extend the legislative process until it has a more secure position in the Rajya Sabha. This tactical delay ensures that the Bill’s progress is held back until the government can effectively manage and control the legislative outcome.
Political leverage ahead of assembly elections
Four assembly elections are likely to be held in coming months this year — Maharashtra, Haryana, Jharkhand and Jammu and Kashmir. Keeping the Waqf Bill in the legislative spotlight through a JPC allows the BJP to maintain political momentum and focus on issues of significance to its voter base, given that the proposed law has already seen emotive responses from parties and on social media.
With upcoming assembly elections on the horizon, the continued discussion and scrutiny of the Bill can be used to engage with the electorate on affairs that have been known to have polarising effects during elections. By keeping the Bill alive in public debate, the BJP can hope to shape public discourse and bolster its political strategy, ensuring that the issue remains relevant and influential in the run-up to the elections. This also suits the Opposition which aims to benefit from counter-polarisation if the debate stays hot during the election season.
It seems that the choice of a JPC over a joint select committee for the Waqf Bill aligns with the BJP’s broader strategic objectives. It allows for a less binding legislative process, provides a mechanism for delaying critical decisions until the government led by it secures a stronger majority, and offers a platform to engage politically with voters as elections approach. As the JPC begins its work, its impact on the Waqf Bill and the broader political landscape will become clearer, but the initial indications suggest that this approach suits the ruling party’s current strategic needs.
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