Notification on Delhi power structure issued, LG is the boss

Lieutenant governor has powers regarding public order, police, land and services

GN Bureau | May 22, 2015


#home ministry   #lieutenant governor   #chief minister   #Najeeb Jung   #Arvind Kejriwal   #Delhi   #Narendra Modi   #Rajnath Singh  


The union home ministry on Friday issued a notification clarifying distribution of power between Delhi's lieutenant governor and the chief minister.

According to the MHA notification, the LG has powers regarding public order, police, land and services and this means primacy in postings and transfers of officers belonging to Central services. It clearly states that these matters fall outside the purview of the Delhi assembly and the government.

It is understood that the notification was issued after prime minister Narendra Modi held two rounds of consultations with home minister Rajnath Singh on Thursday evening.

The home ministry clarified that in matters like public order, including police and land, the L-G was competent to issues orders. As per legal opinion, L-G was not bound to consult council of ministers but may consult if he/she so desired.

Article 239AA of the Constitution clearly stated that the Legislative Assembly of Delhi shall not have power to make laws relating to subjects such as public order, police and land.

The Centre's clarification backs the Lieutenant Governor on virtually all the points of his dispute with the Chief Minister.

This note will certainly trigger discomfort as Kejriwal has claimed that an elected government cannot be saddled with bureaucrats against its choice.

The appointment as acting chief secretary for Delhi last week had triggered a full-blown war on administrative powers between LG Najeeb Jung and chief minister Arvind Kejriwal. It led to allegations, charges and counter-charges on administrative control, humiliation of officials and near revolt by the bureaucrats.

Kejriwal and Jung had met president Pranab Mukherjee. The chief minister had written to Modi on the matter and accused the Centre of using Jung to run the state.

Notification: http://pibphoto.nic.in/documents/rlink/2015/may/p201552201.pdf

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