New Delhi: Ahead of the "united" Opposition's meeting on July 17, Monday, the unity seems to lie fractured in pieces. Two of the major parties — the Congress and the AAP — are tied in a deadlock over the Centre's Delhi services ordinance, with either of them refusing to budge.


Last week, Delhi CM and Aam Aadmi Party convener Arvind Kejriwal lobbed the ball in the Congress's court as it demanded that the Grand Old Party clear its stand before the meeting. The Congress, meanwhile, is buying time and is unlikely to comment on the issue before Parliament's monsoon session that is scheduled to begin on July 19.


What Is The Delhi Ordinance?


A Constitution Bench led by Chief Justice DY Chandrachud on May 11 ruled that the Delhi government has the authority to make laws and administer civil services in the national capital. However, on May 19, the Centre issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, asserting its power over services in the capital through the Governor.


The ordinance established a Chief Minister-chaired National Capital Civil Service Authority (NCCSA), which would control the postings and appointments of civil service officers in Delhi government departments, excluding public order, police, and land. The Lieutenant Governor may consult the CM at his "discretion" but his decision would be final in case of disagreements.


Apart from the CM, the Chief Secretary and the Principal Home Secretary would be in the NCCSA as member and member secretary, respectively. The ordinance essentially gives power to veto the CM, giving back the L-G back power over the capital's bureaucracy.


Why Does Congress Not Support AAP In Opposing The Delhi Ordinance?


Privilege 'Flex' At The United Opposition Table


The Congress has cited previous governments of Delhi that functioned "without a fuss". Congress general secretary Ajay Maken has said former CM Sheila Dixit had also demanded that the administrative services be brought under the ambit of the Delhi government. But then Prime Ministers Atal Bihari Vajpayee and Manmohan Singh refused.


Congress's refusal to denounce the Delhi Ordinance seems to be stemming from the fact that in doing so, it would grant Arvind Kejriwal the "unique privilege denied to previous Chief Ministers of Delhi". A status like this would mean a special seat for the AAP among the Opposition. This, in turn, would give more power to Kejriwal and Co in calling the shots at the "united" Opposition table.


The Congress, on the other hand, already finds itself in the unenviable position of not being in charge of the Opposition alliance for the first time in history. Larger parties, like the Trinamool Congress and the Samajwadi Party, wanted a Congress-free Opposition anyway. By giving Kejriwal the upper hand, in this case, the Congress may just lose any chance of having an edge over the others on the "united" platform. However, not acceding to AAP's demand of condemning the ordinance may put the entire alliance in jeopardy as Kejriwal is highly likely to walk out in that case. So far, almost all the major opposition parties (11 in total) have slammed the ordinance.


A Congress-AAP truce seemed to be in the works after the first meeting of "like-minded" Opposition parties on June 23, as Rahul Gandhi said he was open to making "sacrifices" for the sake of a united Opposition. However, he and Congress president Mallikarjun Kharge refrained from criticising or even commenting on the ordinance. The apparent "truce" was shortlived as the AAP hit out at the Congress right after the meeting, questioning its "silence" on the Centre's Delhi ordinance.


Numbers Grouse


Another reason for the Congress not supporting AAP could be that its diminishing vote share in states has been due to the AAP's increasing support. This started in Delhi, with the AAP wresting power from the Congress in 2013. This was accompanied by a 15.7% loss in vote share for the Congress. The Congress was reduced to zero seats in the Delhi Assembly and is yet to stage a return.


In 2015, the AAP secured a resounding victory after nearly a year of President's Rule (due to Kejriwal's resignation), decimating the Congress and the BJP in Delhi. While the Congress lost another 15% of the vote share, the AAP gained a substantial 25%. In 2020, the AAP bagged over 53% of the votes, leaving Congress with a paltry 4.3% of the votes.


Similarly, in Punjab, the AAP unseated the Congress in 2022 by bagging 42% of the votes. The Congress lost 59 seats in the assembly and 15.5% of its vote share from the previous election. The story was similar in Gujarat, where the Congress lost over 14% of the total votes and the AAP gained nearly 13%. In Goa, too, it faced off against Opposition parties AAP and TMC, which garnered 6.8% and 5.2% of the votes, hitting the Congress's vote share.


Thus, the Congress, in all likelihood, is holding AAP as much responsible as the BJP for losing ground in different states.


Upcoming Poll Battles


The Congress and the AAP are fighting a bitter battle in several states and as the Assembly elections in multiple states draw closer, the fights are getting even more intense. The AAP has accused the Congress of turning Chhattisgarh into a "hub of corruption", going as far as to demand the resignation of Chief Minister Bhupesh Baghel. The Congress, on the other hand, called AAP an extension of the RSS and the BJP in its latest jibe over the Delhi floods.


On July 2, when Arvind Kejriwal launched AAP's campaign in Chhattisgarh, he launched a scathing attack on both the ruling Congress and the Opposition BJP, accusing them of looting the state. However, a day ago, when he kicked off the party's campaign in Madhya Pradesh, he targeted only the ruling BJP.


The Congress, too, left no stone unturned in attacking Kejriwal. Maken went as far as to say that Kejriwal's actions [of attacking the party after the June 23 meeting and its leaders in Rajasthan and Chhattisgarh] are a tact to evade jail in corruption cases. The Congress had earlier welcomed the arrests of Manish Sisodia and Satyendar Jain.


The Congress's dilemma, however, is not limited to the AAP.


The Love-Hate Relationship Between Congress And Left


The Congress and the CPI(M) seem to be engaged in a love-hate relationship for a long time. The relationship apparently changes with geography. In 2019, Rahul Gandhi called the CPI(M) a party "that knows only violence" in Kerala. However, at the same time, the two were working out an alliance in Bengal. Even last year, the Congress and the CPI(M) were fighting over the vandalism of Rahul Gandhi's office in Kerala by members of the SFI, the CPI(M)'s student unit.


Earlier this year in Tripura, the two parties joined hands in a historic alliance to stop the BJP juggernaut. The arch-rivals in the state, however, failed to gain any traction despite forming the alliance.


In West Bengal, too, it allied with the Left Front to counter the Trinamool, a constituent of the united Opposition. After the widespread bloodshed, the two parties united to blame the TMC for inciting violence in the state to win the polls. TMC supremo and Bengal CM Mamata Banerjee has cleared her stand, by the way. She has said that her state and national commitments are separate. She has also put forth the condition that the Congress must break the alliance with the Left in Bengal if TMC is expected to bring its strength to the "united" Opposition table.


However, at the same time, the Congress called the CPI(M) "autocratic and undemocratic" and "not a worthy ally for anyone" last month after the Pinarayi Vijayan government arrested Kerala Pradesh Congress Committee (KPCC) president K Sudhakaran in connection with an alleged fraud case.


The two parties have also accused one another of not having a clear stand on the Uniform Civil Code, with each accusing the other of being "silent" on the issue at the national level.


The Way Ahead


There seems to be only one way ahead for the "united" Opposition platform now. With the Congress's Parliamentary Strategy Group meeting slated for Saturday, the party would need to prepare a statement on the Delhi ordinance. This can prove to be a face-saver for both the Congress and the AAP.


On one hand, Congress can cite Rahul Gandhi's commitment to "sacrifice for the nation" and slam the Centre's ordinance, while the AAP can thank the Congress leader for returning the favour after Kejriwal's criticism of the BJP for paving the way for Gandhi's disqualification from Lok Sabha. Whether it can convince the other Opposition members of its pressure tactics with the Congress is a story for another day after the second mega meeting to be held on July 17 in Bengaluru.


However, the Congress will soon have to figure out a way to deal with the bitter-sweet relationship with the CPI(M) and decide on a particular stand.