What the Supreme Court judgment says
The Supreme Court has ended the festering dispute between the Centre and Delhi government over control of services by ruling that the Delhi government has control over services whereas Centre has power over land, law and order. The court also said that real power should stay with the elected government. The court held that if administrative services are excluded from the legislative and executive domains, the ministers would be excluded from controlling the civil servants who are to implement the executive decisions.
The top court said that the LG was bound by the aid and advice of the council of ministers led by the chief minister of Delhi.
What it means for the Kejriwal government
Since the Aam Aadmi Party (AAP) assumed power in 2014, the governance of the national capital has been marked by a persistent power struggle between the Centre and the Delhi government. The conflicting interests and assertive actions from both sides have contributed to a protracted and contentious relationship, shaping the dynamics of governance in Delhi.
The Kejriwal government has scored a massive victory because it has been virtually handicapped due to L-G’s intervention in matters of the government. From issues related to postings and transfers of state officials and bureaucrats to administrative orders, the L-G exercised overruling powers over the ministers. Now the L-G cannot have all-encompassing administrative supervision over matters related to Delhi.This will unencumber the Kejriwal government to a large extent as earlier the government decisions had to pass through the L-G’s lens and quite often he used to overturn decisions taken by the Delhi government. There was an intense power struggle between them over the control of bureaucracy. The L-G used to hold meetings of Delhi bureaucrats and many times the government had told the bureaucrats not to report directly to the L-G.
The SC ruling will take away the routine scrutiny of the L-G which the government was subjected to even in routine matters. With the L-G no longer breathing down their neck, the Kejriwal government will be able to formulate and implement its policies without the fear of them getting delayed or scrapped by the L-G. This will not only give a lot of breathing space to the ministers but also help the Aam Aadmi Party (AAP) gain a stronger hold over Delhi by implementing schemes that target its key voter groups. The BJP is going to lose its power of highlighting controversial issues pertaining to the Delhi government as the L-G’s intervention in government decisions would put them in the spotlight.
The SC decision will also put an end to daily wranglings with the L-G which perpetually mired the Kejriwal government in one or the other controversy.
Most recently, Delhi PWD Minister Atishi wrote to Lieutenant Governor VK Saxena, saying his directions seeking the seizure of records and directing executive action in connection with renovation of Kejriwal’s official residence is “unconstitutional” and “undemocratic”. In the letter, she urged the L-G to “withdraw his communication” and “restore the scheme of governance intended by the Constitution for Delhi and its people”.
Amid a row over crores of rupees spent on renovating Kejriwal’s official residence, Saxena had ordered officials to secure the records of expenditure and sought a report on the matter within 15 days.
Last month, the Supreme Court sent a third notice within a month to L-G Saxena’s office on the Kejriwal government’s petition accusing him of trying to scuttle the elected government’s recommendation for appointment of a retired HC judge as the chairman of Delhi Electricity Regulatory Commission.
A few months ago, to protest against alleged interference of L-G Saxena in the functioning of the government, the AAP MLAs led by Kejriwal marched to the former’s office. The Delhi government’s works are being deliberately impeded for political reasons, Kejriwal alleged, adding that “the L-G is not our headmaster to check our homework. He has to say yes or no to our proposals”. AAP MLAs protested against the L-G’s “objections” to sending Delhi government teachers for a training programme to Finland.
Amid the ongoing tussle between the LG and the Kejriwal government in February over a host of issues, including the government’s proposal to send school teachers to Finland for training, the government directed its officials to stop taking direct orders from the L-G, TOI had reported citing sources.
In February, the L-G and the government were locked in a conflict over the appointment of school principals. Manish Sisodia, then education minister, had claimed that the LG had falsely accused the city government of causing delays and that he had instructed education department officials to report directly to him, instead of the minister.
(With inputs from TOI)
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