No end in sight to LG-CM tussle
New Delhi: Chief minister Arvind Kejriwal on Friday accused lieutenant-governor (L-G) Anil Baijal of openly refusing to obey Supreme Court’s order on transfer of powers in the national capital.
Talking to the media after his 25 minute-long meeting with Mr Baijal, the chief minister said that the L-G had refused to give control of the services department to the city government. He added that the refusal will lead to “anarchy” in the country.
This was the first meeting between the two after the apex court’s order and his nine-day sit-in at the L-G’s office.
Following the apex court verdict which clipped the powers of the L-G, the bone of contention between the Delhi government and his office continues to be control over the services department.
Mr Kejriwal said the L-G had sought advice from the ministry of home affairs and was told that ‘services’ should not be given to the Delhi government.
Hitting back at Mr Kejriwal, Mr Baijal said the Union home ministry’s 2015 notification stating that the “services” falls outside the purview of the Delhi Legislative Assembly “continues to be valid”.
In his letter to Mr Kejriwal, Mr Baijal said that “further clarity” regarding services matter and other issues will be achieved when the appeals pending before the regular bench of the Supreme Court are finally disposed off.
In the letter, Mr Baijal pointed to a 2015 ministry of home affairs notification issuing “Presidential directions” under Article 239 and 239AA of the Constitution. It said “services” falls outside the purview of the Legislative Assembly of the NCT of Delhi and consequently the government of the National Capital Territory of Delhi will have no executive powers in relation to “services”.
“The said notification was also upheld by the high court of Delhi in its judgment on August 4, 2016.
The chief minister also sought an appointment with Union home minister Rajnath Singh to urge him to ensure implementation of the Supreme Court orders on the issue of governance in Delhi.
“MHA has advised L-G to ignore that part of SC order, which restricts L-G’s powers to only 3 subjects. V dangerous that Central govt advising L-G not to follow Hon’ble SC’s orders. Have ‘sought time from Sh Rajnath Singh ji to urge him to follow Hon’ble SC’s orders (sic),” he tweeted.
The CM alleged that it was a “conspiracy” to “paralyse” the government. He added that they are consulting lawyers on whether the L-G’s refusal to abide by the SC order will amount to contempt of court. “We are deliberating upon the issue with lawyers. We are contemplating all options and no option is closed.”
After the Supreme Court order, the notification of May 2015 issued by the MHA does not exist,” he said.
According to deputy chief minister Manish Sisodia, it is an attempt to “derail” the government’s projects.
“If anyone wants to derail the government’s project, he or she can do this through the services department. Central government has its own services department, but not the Delhi government. Even the Constitution says that control of services department should be with the city government,” he added.
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