"We will not participate in the upcoming Opposition meeting because we do not see the value of any Opposition unity platform if the Congress party is not able to clear the air before the meeting," said senior Aam Aadmi Party (AAP) leader Jasmine Shah while commenting on the Centre's ordinance over control of Delhi's bureaucrats.
Monday, 17 July, is a crucial day when it comes to the AAP vs Centre tussle over the ordinance for two reasons — the second leg of the joint Opposition meeting scheduled in Bengaluru and the Supreme Court's hearing of the Delhi government's challenge to the ordinance.
While the apex court has issued a notice to the Centre seeking its stand on a petition filed by the Delhi government, the AAP is also embroiled in a political tussle with the Congress not taking a stand to oppose the ordinance if and when it is tabled in the Rajya Sabha.
AAP leader Jasmine Shah explained the caveats of the ordinance, the need to quash it, and the party's expectations from the Congress over the issue.
How and why is the ordinance unconstitutional?
When anybody uses the word ordinance, it seems like a big thing. But Delhi ordinance is effectively putting President's rule on them, essentially telling the voters that it doesn't matter whom they elected as the chief minister of Delhi. On any and every matter it's the Lieutenant Governor of Delhi, appointed by the Modi government, who will take the final decision.
Now, how does it do that? First and foremost, it says that the entire bureaucracy of Delhi will report to the LG. So, the elected government of Mr Kejriwal can pass whatever policy it wants to but the bureaucracy will not implement it until the Centre asks them to go ahead and implement it. This is in direct violation of the Supreme Court judgment that came out last month. It was a historic five-zero verdict by which it empowered the elected government of Delhi.
A simple ordinance has been passed, which in effect plays the role of a constitutional amendment, and that is the reason it is unconstitutional. The second and an equally important thing is that this ordinance empowers any bureaucrat of the Delhi government to overrule a minister on any matter.
Similarly, this ordinance says that the chief secretary, who is the head of a bureaucracy in any government, can overrule the decision of the Cabinet. Again, unprecedented in 75 years of India's democracy.
How does it impede on the day-to-day functioning of the Delhi government? What does it change with respect to the local bodies or the authorities of Delhi?
It's very simple. Any decision taken by Mr Kejriwal today can be overruled by the Lieutenant Governor. We know that one of the decisions of Mr Kejriwal's government has been to make electricity free for those consuming up to 200 units in Delhi. The LG hasn't done that yet, but there's nothing stopping him saying that, you know what, I do not like the decision of the CM. He could be the elected chief minister, but I will not allow the free electricity scheme to run.
We regularly send our teachers to Cambridge, to Finland, which is number one in terms of education system for training. Last four or five months, the LG decided that, you know, it's okay when if the CM wants to send teachers for training, I will not allow it. He actually did this, he stopped a lot of the work that was happening in the education system only because these kinds of powers have been given to an unelected person who's in a sense doing the bidding of a political party.
Why do you think the Congress is not coming openly out in support of negating the ordinance or taking a stand against the ordinance whenever it comes to this matter?
You know, this is one question that beats me. The entire premise of 15 Opposition parties coming together in laws that there is a constitutional crisis in the country today. Anywhere where there is an opposition to government in any state in India, BJP is going hammer and tongs after them.
They are not waiting to win the electoral vote. They are disabling and they are really making sure that the Opposition government won't function. And in Patna, we told all the Opposition parties how seriously dangerous this piece of ordinance is. Out of the 15 parties, 14 political parties, Opposition parties, said we stand in support of our party only.
And only Congress said that we are not going to talk on the side about this. Give us some more time.
Have other parties tried to persuade the Congress to take a stand on this?
Well, in the Patna meeting itself, many Opposition leaders including Sharad Pawar, Mamata Banerjee, and many others, tried to persuade Congress that this is as black and white an issue as what the Congress itself has been saying.
They themselves have been saying that our chief ministers are being hampered, our leaders are being harassed by the ED and the CBI.
So, we were urged by all the parties present there. This is not about our party. This is about the Opposition. And if the entire Opposition of the country is in one voice, why should Congress be saying something else?
Do you think taking jibes at the Congress by the party leaders or saying that Rahul Gandhi has a deal with the BJP over the ordinance, etc might be proving counterproductive?
First of all, I do not know who has taken these jibes. I can only say what I have in public domain and in the public domain, senior leaders of Congress in Delhi, be it Ajay Maken or Sandeep Dixit, even senior leaders in Punjab, have very clearly said that we support this ordinance. Tell me one single senior leader of the Congress who has actually said that we oppose this ordinance. So, it clearly gives rise to misgivings as to what is actually going on in the Congress.
How much do you think it is going hamper the Opposition unity? What is the AAP's stand on it and is the ordinance going to become a deal breaker if it comes to the Congress not taking the stand?
You know, let's recall when Mr Rahul Gandhi lost his membership in Parliament, it was Mr Kejriwal who first stood in support of him. A few days back when Mr Stalin's government in Tamil Nadu was under attack by the Governor, AAP took a very strong stand and it happened within hours. Nobody had to wait.
What is the AAP's expectation from the upcoming Opposition meet?
Well, we have very clearly said that we will not participate in this meeting because we do not see the value of any Opposition unity platform if Congress is not able to clear the air before the meeting.
So as of date, we are still hoping. We do hear that the Congress is hopefully going to take a decision soon. In the last Patna meeting, Congress mentioned that it will announce a decision 15 days before the Monsoon Session starts. So, by 5 July they should have announced it.
What kind of effect do you think an act like that can have – a long term effect – on the federal structure or the constitutional ethos of the country?
In 99 out of hundred matters, this should have been the end of it. Once the Supreme Court constitutional bench verdict comes, matters come to an end. But Mr Modi said that it doesn't really matter. I'm out there to really ensure that an Opposition-ruled government by AAP is not able to function.
And then this ordinance comes. I think it sends a signal that irrespective of what the mandate of the elected people is, the government sitting at the Center wants to call its shots anywhere and everywhere across the country. Today, it is just one piece of legislation.
We have seen so many other such tendencies where the federal structure and the basic Constitutional premises are being violated. Governors and lieutenant governors across the country are dictating to the chief ministers. It's never happened in the history of our country.
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