Why Arvind Kerjiwal government is at war with Modi Sarkar again, despite SC verdict

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New Delhi | Updated: July 5, 2018 3:04:44 PM

Delhi power tussle is on, even a day after the Supreme Court underlined the duties and powers of the Delhi L-G and the elected government.

kejriwal modiThe power tussle between Kejriwal government and bureaucrats is still on in the National Capital. (agencies)

Delhi power tussle is on, even a day after the Supreme Court underlined the duties and powers of the Delhi L-G and the elected government. Hours after the Supreme Court’s landmark judgement on Wednesday, Delhi government jumped in to introduce a new system for transfer of power and postings of bureaucrats, making Delhi chief minister Arvind Kejriwal the approving authority, not the L-G. Delhi government’s decision was, however, blocked by the Services department.

The Services department refused to accept Delhi government’s decision, saying the Supreme Court verdict on Wednesday didn’t abolish the 2016 notification that made the Union Ministry of Home Affairs the authority for transfer and postings of bureaucrats.

The Supreme Court judgement had said the L-G has no “independent decision making power”. Also, the L-G must act on the aid and advice of the elected government, the top court said.

READ | Three years of Kejriwal vs Modi: Why AAP is not the clear winner in this bitter battle

Reacting to the refusal by bureaucrats to comply with the Delhi government’s order, Deputy Chief Minister Manish Sisodia said the former’s actions amount to contempt of court. Sisodia also said the Delhi government is seeking legal opinion on the matter.

“The chief secretary has written to me saying the services department will not follow the orders. If they are not going to abide by it and the transfer files will still be seen by the L-G then it will amount to contempt of the constitution bench,” PTI quoted Sisodia as telling reporters on Thursday.

“We are consulting our lawyers about what can be done in the situation,” Sisodia further said while asserting that the Supreme Court clearly stated that the L-G has the power to interfere only in three subjects, which does not include the services department.

“I appeal to the officers as well as the Centre to abide by the Supreme Court judgement,” Sisodia said.

The judgement by the five-judge bench of the Supreme Court had laid down broad parameters for the governance of the national capital.

The ruling Aam Aadmi Party celebrated the verdict as a vindication of its stand that elected government is above the L-G chair. However, BJP interpreted the verdict differently.

Finance Minister Arun Jaitley wrote in a Facebook post today: “The Supreme Court has held categorically that Delhi cannot compare itself at par with other States and, therefore, any presumption that the administration of the UT cadre of services has been decided in favour of the Delhi Government would be wholly erroneous.”

Jaitley also said, “The judgement elaborates at length the constitutional philosophy behind the Constitution and reaffirms precisely the text of what the Constitution says. It does not add to the powers of the State Government or the Central Government nor does it in any way dilute the same.”

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