AAP vs LG: SC gives more power to Arvind Kejriwal

The supreme court ruled that the LG cannot act independently and must seek the advise of the council of ministers

deexa

Deexa Khanduri | July 4, 2018 | Delhi


#Delhi   #Aam Aadmi Party   #Anshu Prakash   #Anil Baijal   #Arvind Kejriwal   #LG   #AAP   #AAP vs LG   #supreme court  
AAP vs LG: SC gives more power to Arvind Kejriwal
AAP vs LG: SC gives more power to Arvind Kejriwal

Ending the tussle between Delhi CM Arvind Kejriwal and lieutenant governor Anil Baijal, the supreme court on Wednesday ruled that the LG cannot act independently and must seek the advise of the council of ministers. The SC said that the matters of land, law, and police don’t come under the Delhi government. Apart from these three areas, “Executive powers to be exercised by the elected government. The government of National Capital Territory should be allowed to make laws and lieutenant governor should not mechanically refer the matters to president.”

A five-judge constitution bench headed by chief justice Dipak Misra delivered the verdict on the Delhi government’s appeal challenging the August 2016 high court judgment holding the LG as the administrative head of the capital.

The decision also boosted the morale of the AAP government which is at loggerheads with the bureaucrats and the union government-appointed LG. 
 
Last month, Kejriwal and three of his cabinet ministers held a nine-day protest inside Baijal’s office. They wanted the LG to intervene and end the three-month long strike of bureaucrats. The IAS officers have been on strike since February after Delhi chief secretary Anshu Prakash claimed that he was assaulted by AAP MLA’s at the CM residence. The strike by Kejriwal at the LG office was termed “unconstitutional” by the Delhi HC. 

 
Since the AAP took over the reins of Delhi, it is engaged in an ugly spat with the LG. The AAP has repeatedly highlighted that LG is interfering in its functioning and the party doesn’t have control over many important departments.
 
 
In 2016, Kejriwal wrote to union home minister Rajnath Singh, urging that CM’s consent be taken in appointing officers at the CM’s office. The home ministry has appointed and transferred many officers, including Shakuntala Gamblin, MK Meena, SN Sahai, Dharam Pal, Rajendra Kumar and Vijay Kumar without the consent of the state government. Kejriwal had also requested to appoint AIIMS whistleblower Sanjeev Chaturvedi into his office, but this went unheard. 
 
AAP has also alleged that after the 2016 HC decision, the LG office is delaying decision on several important schemes like mohalla clinics, doorstep delivering of ration, reconstruction of Delhi WAQF board, construction of polyclinics and CCTVs. However, the apex court decision has made things easy for AAP. “LG is bound by aid and advice of council of ministers, subject to the proviso to Article 239AA to refer the matter to President. He cannot act independently and has to act as per aid and advice of Council of Ministers,” said the SC.
 
The LG must work harmoniously with the state and the LG and council of ministers have to be constantly aligned, the SC added.
 
Interestingly, the SC verdict introduced nothing new but reiterated what’s already written in the constitution. Both, lieutenant governor and the chief minister need to understand that the complex structure of the national capital requires the mutual understanding between the two. The decision definitely gives more power to the state government to take decisions for the city without the consent of the LG. It also specifies that the LG can’t intervene in every matter.
 
However, with the upcoming Lok Sabha elections in 2019 and state assembly election in 2020, it’s unlikely to that the apex order will end the power tussle so easily.
 

Comments

 

Other News

2020 is crucial for CPSE: Arjun Ram Meghwal

"The year 2020 is going to be a significant year for India and especially for Central Public Sector Enterprises (CPSE), "said the Arjun Ram Meghwal, Minister of State for heavy industries and public enterprises on Wednesday at the 7th PSU Awards and Conference organised by Governance Now on 19th

Vice President springs surprise, speaks in 22 languages

Highlighting the importance of preserving, protecting and promoting Indian languages, the vice president of India, Shri M Venkaiah Naidu spoke in 22 languages at an event to mark International Mother Language Day in New Delhi. He urged all the citizens to take a pledge to promote mother tongue and also lea

Title Insurance: new product for old issues

Real estate is among the priciest investments around. More so for the common man who has to live with the burden of monthly EMIs. Yet, it is an art to discover the real owner of any property. Government and revenue records, which are easily accessible to the public, are not properly maintained. Individual

Aadhaar linkage with electoral roll on cards

The election commission of India (ECI) has been working on a series of electoral reforms, and the agenda includes linking Aadhaar with the electoral roll, considering paid news and false affidavit as electoral offence/corrupt practice, better monitoring the role of print media and social media intermediari

Save Panje wetland, give it Ramsar status: environmentalists

To protect the fast depleting wetlands against being used as landfill and for development activities in Mumbai metropolitan region (MMR), environmentalists have asked the centre to declare the 289-hectare Panje wetlands in Uran tehsil of Raigarh district as a ‘Ramsar site’ and preserve its ecol

All you wanted to know about Mumbai’s coastal road

Mumbai is building a coastal road to cut through traffic snarls and make life easier for commuters. The ambitious project, part of the city’s Development Plan (DP) 2035, is the second major initiative after the Bandra-Worli sea link, and should become a reality in 2023. Here are the key facts



Archives

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter