The Jagan government might abolish the Andhra Pradesh Legislative Council if the opposition TDP, which has an absolute majority in the Upper House, continues to block the AP Decentralisation of Governance and Inclusive Development of All Regions Bill-2020 that facilitates the creation of three capitals for the State.
The crucial bill, which provides for a Legislative Capital in Amaravati, Executive Capital in Visakhapatnam and Judicial Capital in Kurnool, was passed in the Assembly Monday night and the same was sought to be introduced in the Upper House on Tuesday morning by Finance Minister Buggana Rajendranath Reddy.
However, as the House assembled, Chairman Md Shariff allowed a notice served by the TDP under Rule 71 to move a motion disapproving the government policy of having three capitals. Under Rule 71, the Opposition has the right to insist on a debate on a bill or a specific topic.
With numbers on its side, the TDP served the notice to prevent the government from introducing the bill. Leader of Opposition in the Council and senior TDP leader Yanamala Ramakrishnudu sought permission for discussion on the motion moved which was strongly objected to by Buggana.
The Finance Minister, citing rules, pointed out that official business -- introduction of bills already passed by the Assembly and sent to the Council - must be taken up first. With Yanamala adamant on a debate on the TDP's motion, the Chairman adjourned the House for 10 minutes. When the House reassembled, the Chairman, using his discretionary powers, allowed discussion on the TDP motion despite Buggana's pleas to take up the bills first.
Municipal Administration Minister Botcha Satyanarayana advised the Chair not to use his powers to serve political interests prompting the latter to warn him not to impute motives. Yanamala too intervened pointing out that the Chairman can take up a bill within two days under Rule 141. The House was adjourned three more times with ruling and opposition members locking horns. At one point, several ministers trooped into the well of the House. The TDP has 34 members in the 58-member House, YSRC has 9, BJP 2, PDF 6, independents 3, and Congress 1. Three seats are vacant.
The strategy of the TDP is to clearly block the Decentralisation Bill and the Repeal of the CRDA Bill. The Council can keep the bills pending for three months. If it rejects the bills, and sends them back to the Assembly, the latter can send it back without any changes. In such a case, irrespective of what the Council does, the bills would be deemed to have been passed. If the Council simply keeps the bills pending, it can at least drag the issue for three months and this is obviously the TDP's plan, if one goes by party MLC and general secretary Nara Lokesh's remarks.
In an informal chat with reporters, Lokesh said, "We are ready for a discussion for any length of time under Rule 71. We won't be afraid if the government says it will abolish the House. No TDP member is worried. It is undemocratic to abolish the Council." He pointed out that the Assembly can only pass a resolution to abolish the House. Agreeing with him, Yanamala claimed it is not so easy to abolish the Council.
"It is a lengthy exercise. Parliament approval is mandatory. All this may take a year," he opined. So, will the government, if it is thwarted in the Council, pass an Assembly resolution to abolish it?
Official sources told TNIE the government will wait and take a call very soon. Legal opinion has been sought to examine the possibility. With more seats going to fall vacant in the next two years, the YSRC could get close to majority by then. In such a case, would it abolish the House? More so, when there are many aspirants in the party? Jagan being Jagan, he may go ahead with abolishing the House, a YSRC leader said, adding that rehabilitating party leaders may not be the only criterion Jagan would weigh.
The YSRC government strategy, for now, seems to be to raise the prospect of abolishing the House to make the TDP rethink. Sources in the TDP informed that party MLCs are not so happy with the leadership's moves. At least, 15 members met party chief N Chandrababu Naidu this afternoon. "Some of them were vocal enough to tell Naidu there are four more years for elections and losing MLC seats may not be the best idea since in any case, the party can only block the crucial bills for three months," the sources said. However, Lokesh is keen on blocking the bills and Naidu appears to be in a dilemma.
Jagan would be walking in the footsteps of none other than TDP founder NT Rama Rao if he scraps the Council. On March 24, 1983, the then chief minister NTR wanted the Congress-dominated Council scrapped. A resolution was passed by 210 votes to scrap the Upper House. However, Parliament did not act on it. The House can be abolished only if the Assembly passes a resolution by 2/3rds majority and Parliament passes the relevant bill. With the then Indira government not acting on the Assembly resolution, the NTR government moved the apex court.
Later on April 30, 1985, the NTR government again passed a resolution in the Assembly. This time, the Central government passed the bill in Parliament on May 24, 1985.
Even if the Jagan government passes the resolution, will the Modi government act on it? BJP MLC Madhav told TNIE he was of the view that the bills should be debated in the Council and either accepted or rejected. Though BJP too is against the three-capital formula, it has been a vocal supporter of having the high court in Kurnool while pitching for retaining the executive too in Amaravati.
Besides, would Jagan abolish the Council that was revived by none other his father, the late YS Rajasekhara Reddy in 2007? Or would the TDP blink first?
KEY TAKEAWAYS:
Article 169: Power to create or abolish Council in any state rests with Parliament
The Council can block normal bills for maximum three months
2/3rds majority required in Assembly for a resolution recommending abolishment/creation of
the Council
Parliament will have to then pass a bill abolishing the Council
Precedents
* NTR-led govt passed a resolution in 1983 but the Indira govt at the Centre thendid not act on it
* NTR govt again passed a resolution on April 30, 1985
* Parliament passed the bill on May 24, 1985
* MGR govt passed a resolution on May 14, 1986
* Parliament passed the bill, Prez assent given on Aug 30, 1986