Ordinance row: Arvind Kejriwal didn’t react SC verdict, says BJP

Taking to Twitter, Malviya said, “There is no reason for so much energy to be spent on the Ordinance brought in by the Central Govt with respect to Delhi.”

“Had Arvind Kejriwal read the Supreme Court judgment, he would have known that the said Ordinance, to be later taken up as a Bill by the Parliament has its origin in the Constitution Bench (CB) Judgment itself, which in its concluding order at para 164 ‘C’ & ‘F’ gives legislative competence over all matters in the concurrent and State Lists in relation to the National Capital Territory of Delhi (NCTD)…,” he further wrote in a tweet.

He also mentioned what Para 164 ‘C’ and Para 164 ‘F’ read in the Constitution. “Para 164 ‘C’ reads, “The Legislative Assembly of NCTD has competence over entries in List-II and List-III except for the expressly excluded entries of List-II. In addition to the entries in List-I, Parliament has legislative competence over all matters in List-II & List-III in relation to NCTD…,” the BJP leader tweeted.

“Para 164 ‘F’ reads, “The executive power of NCTD with respect to entries in List-II and List-III shall be subject to the executive power expressly conferred upon the Union by a law enacted by the Parliament,” he added.

“In bringing about, this Ordinance, the Union Government has exercised the rights provided to it with regards to the governance of Delhi – The Capital of India and a Union Territory, as enunciated in the Constitution of India, as also the CB Judgment of the Supreme Court,” Malviya said. 

Meanwhile, BJP spokesperson Gaurav Bhatia also defended the move and said it was in consonance with the Constitution and in line with the Supreme Court’s observations in the matter.

He launched a sharp attack on Kejriwal following his denouncement of the Centre for bringing the ordinance, which seeks to negate the apex court order giving the authority over officers to the elected government, saying his ideology is against the Constitution and is anarchic.