Opinion Express View on Delhi services Bill: A self-goal

Once the Government of National Capital Territory of Delhi (Amendment) Bill (GNCTD Bill) is passed by Parliament — it cleared Lok Sabha Thursday – it will translate into law an ordinance that, in essence, makes it possible for the elected chief minister to be over-ruled by Centre-appointed bureaucrats. Even though Delhi is not a full state, by striking at the heart of representative government in the capital, the Bill undermines the fundamental promise of electoral democracy and the federal spirit of the Indian Constitution, while undermining a Supreme Court verdict. In the matter of “services”, all appointments will be made by a three-member committee comprising the CM, chief secretary and principal home secretary. The final executive authority in Delhi will be the Lieutenant-Governor, the Centre’s nominee. The ordinance that the Bill seeks to replace was promulgated on May 19 — only days after the Supreme Court ruled that the elected government of Delhi will have powers over all services except those pertaining to police, public order and land. It was a foregone conclusion that the Bill would pass in the Lok Sabha, where the ruling party has a comfortable majority. But with the Biju Janata Dal (BJD) and the YSR Congress (YSRCP) backing the government, it now appears that the Bill will sail through the Council of States as well. For these two regional parties, this decision may return to haunt.

The BJD and YSRCP are neither a part of the ruling NDA nor the Opposition alliance, INDIA. In an era of renewed one-party dominance, and sharpening political polarisation, both have pulled off a nuanced balancing act so far and managed to keep their options open. On the citizenship debate, for example, the BJD chose to support the CAA but refused to countenance the proposed NRC. Jagan Reddy initially supported the law, but later made a u-turn. Naveen Patnaik did not support the farm laws, and the YSRCP did so in Parliament but later backed the Bharat Bandh against them. The BJD supported the government on demonetisation and the abolition of triple talaq. This nimble-footed support and opposition, issue by issue, has contributed to the liveliness and unpredictability of an important space in a diverse polity. For regional outfits, the imperative is to find ways to dig in their heels in the state while aiming for an outsized influence nationally. The GNCTD Bill, however, isn’t politics as usual.

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By backing the government on this issue, regional parties are negating that which provides the very scaffolding of the system that gives them space and protects it too. The Bill strikes at the heart of the federal compact and privileges central power and whim. It also raises a spectre — if the Centre can make the elected government in high-profile Delhi bow and bend to the bureaucracy, it could do so elsewhere far more easily. The leaderships of BJD and YSRCP must carefully read the Bill and reflect on its implications — and review their position — before it comes up in the Upper House.