Kejriwal upset and angry. On a day when the Kejriwal-led AAP government completed four years in office in the nation’s capital, a Supreme Court ruling on its ongoing battle with the Central government did not go in its favour. The AAP government had its hopes pinned on the ruling to ensure the implementation of pre-poll promises such as doorstep delivery of services. According to the Supreme court ruling, the Centre and not the Delhi government, has the power to order investigations against corrupt officers in the capital, the Supreme Court said, a huge blow to Arvind Kejriwal's Aam Aadmi Party (AAP) government. The top court also left the decision on who controls Delhi officers to a higher bench following a split verdict between two judges. So while the Lieutenant Governor, who represents the Centre in Delhi, scored a win, it was a bad day in court for AAP. Addressing both, the court said "mutual cooperation is essential" to serve people. "The Supreme Court order goes against democracy," Chief Minister Arvind Kejriwal responded. He said his government will seek legal remedies.
A two-judge bench of the Supreme Court on Thursday delivered a split verdict on the powers of the Delhi government, with the issue now being referred to a larger bench.
While Justice A.K. Sikri said transfers and postings of Joint Secretaries and officers above will be in the domain of Lieutenant Governor; for those below them, the recommendation will be routed through the Council of Ministers of the elected government in Delhi.
However, Justice Ashok Bhushan differed saying that the Delhi government has no control over appointments. Transfer and appointment of “higher” officers will rest with the Centre, he added.
The Centre alone will control the Anti-Corruption Bureau and can only pass orders under the Commission of Inquiry Act.
The bench also said that the Delhi government will have the powers to appoint Special Public Prosecutor, and decide the minimum rate of the agricultural land in the national capital. The power to regulate electricity will also rest with the Delhi government.
Justice Sikri speaking for the bench on the issues except services said that there has to be mutual respect between the Delhi government and the Lieutenant Governor as it was an essential part of good governance.
Saying that both — the LG and the Delhi government — must realise that they are there to serve the people, the court said the LG must not routinely differ with Delhi government.
He said that on the issues where differences are fundamental backed by cogent reasons, the LG would refer the matter to the President for a decision which would be binding.
The court also made it clear that the LG would not unduly delay referring the matter to the President where there is a fundamental difference of opinion with the Delhi government.
Calling the Supreme Court’s verdict “unfortunate” and “injustice to the people of Delhi”, Chief Minister Arvind Kejriwal said the order is against the Constitution and democracy.
Speaking to the media after the judgement, Kejriwal said the judgement says the elected government will not have the power to transfer officers.
“A question which arises is that if a government can’t even transfer officers, how will it function,” he asked.
Talking about the judgement, he said it is “very unfortunate and is an injustice to the people of Delhi”.
“We respect the apex court, but the judgement is an injustice to the people who elected a government by giving 67 of the 70 seats (to a party),” he said.
He further said the party with 67 seats will not have the power to transfer officers, “but the party with three seats has the power to transfer officers”.
In 2015 Delhi Assembly polls, the AAP won 67 of the 70 seats, while the BJP bagged only three.
Calling himself powerless, despite the major victory, he said the opposition party will appoint officers who will not work and not let them work.
“We are suffering from past four years.”
“The ACB (Anti-Corruption Bureau) was under the Delhi government for 40 years, now it is not under it. What will I do if someone comes and tells me that there is some corruption? Do I have to approach the opposition party, the BJP, (and ask them) to take action (against the corrupt officer)? The opposition party is the one doing all the ‘gadbad’,” he said.
The AAP chief said, according to the judgement, the basic structure of the Constitution cannot be tampered. “But democracy is the biggest structure and if an elected government has no power, how will it function? What kind of democracy is this? The judgement is against the Constitution and democracy.”
He also said that if for every file, “we have to protest at the LG’s office for clearance, how will the government function?”
He said the real solution lies with the people.
“Statehood for Delhi will solve all these issues. In the coming Lok Sabha elections, don’t vote for electing a PM. Give all the seven seats to AAP, so that in the coming five years, we will force the government to give statehood to Delhi,” he said.
On former Delhi Chief Minister Sheila Dikshit welcoming the court’s verdict, Kejriwal said: “I respect Dikshit a lot. I want to request her that at times, the issue is big, the nation is bigger and for short term politics, such comments are not good.”
He further said his government doesn’t have even 10 per cent of the powers she had.
“She had all the powers. She also got the benefit of having Congress at the Centre, but despite that we did more work in four years than she did in 15 years.
“I want to request you, today it is my government. Tomorrow it may be your government. You will also need these powers. Talk for Delhi, its people and its government,” the Chief Minister said.
A two-judge bench of the Supreme Court on Thursday delivered a split verdict on the issue of transfer and posting of Delhi government officers.
The BJP described the Supreme Court verdict as a big loss to the Arvind Kejriwal government and asked the chief minister to apologise to the top court.
Speaking to reporters, BJP spokesperson Sambit Patra said, “Today’s Supreme Court judgement is a big loss for the AAP government.”
He termed Kejriwal’s criticism of the Supreme Court decision “a contempt of court” and said, “We are thinking to take legal action against Kejriwal.”
The BJP spokesperson also accused the Aam Aadmi Party (AAP) national convenor of provoking the people of Delhi against the Supreme Court. “He should apologise to the Supreme Court,” he said.
Patra said, “On the one hand, he says that his government has done a fabulous job over the last four years, while on the other hand he himself admits that the Centre and the Supreme Court were not allowing his government to work.”
Patra also attacked Kejriwal for attending a meeting with Nationalist Congress Party (NCP) chief Sharad Pawar, Congress President Rahul Gandhi, Trinamool Congress supremo Mamata Banerjee, Telugu Desam Party’s N. Chandrababu Naidu and National Conference leader Farooq Abdullah on Wednesday.
“Earlier, he used to raise slogans to save the country from Sharad Pawar and Rahul Gandhi. Is this how he will save the country?” he asked.
Minister of State for Home Affairs Kiren Rijiju also slammed Kejriwal and said that he and the Congress do not trust any constitutional body. “They keep on criticising the Election Commission, the CAG, the Supreme Court and other institutions. Anarchy is in their scheme of things. They don’t trust anybody, they just want to rule and loot,” Rijiju told the media.
Delhi BJP chief Manoj Tiwari tweeted, “Chief Minister, you as the head of a state should uphold the Constitution the most…Better read the history of Madan lal Khuranaji and Sahib Singh Vermaji. Kejriwalji, why you want to go beyond the Constitution and work?”
Congress city unit chief Sheila Dikshit advised Arvind Kejriwal that fighting is no solution.
“Constitution has defined the power Delhi has, its not unlimited. Centre, Lt Governor and Home Ministry handle a lot of things,” the three time former Chief Minister told the media here.
“So fighting is no solution, make changes if needed,” she said.
Hitting out at Kejriwal, Dikshit said “power does not depend on the number of seats you have”. (IANS)