Centre Vs AAP: ‘Order Is Against Democracy, Injustice To Delhi’, Kejriwal Questions SC’s Split Judgement

| February 14 , 2019 , 14:12 IST

Delhi Chief Minister Arvind Kejriwal on Thursday questioned the Supreme Court’s split judgment regarding the control of services and Anti-Corruption Bureau (ACB) between the Delhi government and the Lieutenant Governor (L-G), calling the verdict against democratic value.

Addressing a press conference after the Supreme Court delivered its judgment on the division of powers, Kejriwal asked how the Delhi government was supposed to function without any powers and declared that SC order is against the people of Delhi and the Constitution.

“If a government can’t even transfer its officers, how is it supposed to function? The party that has 67 seats doesn’t have the rights but the party that won 3 seats has those rights.”

He further said, “The Delhi government completed four years today. Since it was formed, the Centre has been creating hurdles in the works of Delhi government. We were hoping that after four years, the SC will give a clear decision in the case.”

On possible alliances for the upcoming Lok Sabha polls, Kejriwal said the Congress had “almost refused an alliance”

He further urged the people of Delhi should not vote to elect a Prime Minister, they should vote to get full statehood.

He alleged that the Centre was creating hurdles in the smooth functioning of the Delhi government.

“Why does the chief minister and the duly elected government of Delhi have to sit on a 10-day dharna outside the LG’s home to get files cleared?” he said.

Justice AK Sikri and justice Ashok Bhushan ruled in favour of the Centre on four issues – the key anti-corruption bureau issue, setting up of commissions of inquiry, control over electricity boards, land revenue matters and appointment of public prosecutors.

The tug-of-war over the anti-corruption bureau started after an officer appointed by AAP in 2015 reopened old cases and arrested several central government employees. The union home ministry then cited a 2014 rule that the bureau could arrest only Delhi government employees.

Demarcating other conflict points, the court said the Delhi government can appoint directors in Discoms or power distribution companies, decide on the rate of agricultural land and appoint special public prosecutors. For any "serious" difference of opinion, the Lieutenant Governor and the Delhi government can go to the President.

They said electricity and revenue departments (for fixing of circle rates), posting and transfer of Grade 3 and Grade 4 officers, appointing a special public prosecutor and appointment of directors in discoms will come under the purview of the Delhi government.

The judges said the LG can form an opinion but not on each and every matter while delivering their verdict on the rates for agricultural land.

Delhi is not a full state, so the city government has limited powers. The centre has jurisdiction over land, law and order and police. In 2016, the Delhi High Court said as Delhi was a Union Territory, its powers were with the centre and not the city government. The AAP government challenged the order.

In July, a five-judge constitution bench ruled that Delhi cannot be accorded the status of a state, but the Lieutenant-Governor has no "independent decision-making power" and must act on the "aid and advice" of the elected government.

Lawyers representing the Delhi government had told the court that ambiguities remained in dealing with administrative matters of the national capital in spite of that judgment.

kushal kumar

Supreme Court of India has pronounced on 14 February 2019 its judgement in a well known case of sharing of powers between Delhi Govt headed by CM Kejriwal and Lt Governor. The judgement is unanimous on all points except the one relating to control of services where it is split. The two –judges bench has referred the split part of the judgement to CJI for hearing by a larger bench. Going by news reports , AAP Party and the CM Kejariwal seem to be feeling dejected by the judgement. Whatever they may be feeling , the coming out of the judgement in February 2019 and parties to the dispute happen to be “ associated with the sovereign power of the State” , this Vedic astrology writer’s related prediction in hitherto well known article - “ The Year 2019 Astrologically for India” - published last year on 7 October , 2018 at has become precisely and accurately relevant. The related text in the article reads as follows :- “ February -March 2019. These nearly two months appear to be calling for more care and appropriate strategy in relation to more than one front………………………………….All that is associated with the sovereign power of the State appears to be on the center –stage. Justice delivery system or judiciary may be in the focus. States in the northern India like …….Delhi……..may take cue for more care and appropriate strategy”. And later and separately in November 2018 , date 14 was indicated as the one crucial in relation to aforesaid scenario in the country . There is another , more or less , similar dispute on spot in February 2019 between CM Pondicherry and Lt Governor .