After a bold verdict by the apex court yesterday we expect that the tussle for governance in Delhi is over between CM and the L-G. Is it really?
Let me take you to the complete beginning of the matter, It all started when AAP won the election and Mr. A. Kejriwal elected as Chief Minister of Delhi. Tussle b/w CM of Delhi and the L-G of Delhi always in the news whether the L-G was Najeeb Jung or is Anil Baijal.
There is always a dispute between both the post, it's not about personal bonding but about the law as both have their own boundaries to govern Delhi.
There are some decisions which Govt. of Delhi has to take in order to complete their elections promises to Delhi voters, When some decision is taken a file sends to the L-G of Delhi for his approval.
Now there are some complexities in the law or the thinking or perspective of persons.
High Court in its order in August stated that the L-G is the administrative head of National Capital and is "not" bound to aid and advice of ministers.
AAP plead to SC against this order and the decision came on 4th of July,2018. Supreme Court stated:- The L-G is not an administrative head and can't take independent decisions and must work with the aid and advice of the ministers.
There are some more details which have been given by the apex court,
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| Pic Credit: The Indian Express |
Let me take you to the complete beginning of the matter, It all started when AAP won the election and Mr. A. Kejriwal elected as Chief Minister of Delhi. Tussle b/w CM of Delhi and the L-G of Delhi always in the news whether the L-G was Najeeb Jung or is Anil Baijal.
There is always a dispute between both the post, it's not about personal bonding but about the law as both have their own boundaries to govern Delhi.
There are some decisions which Govt. of Delhi has to take in order to complete their elections promises to Delhi voters, When some decision is taken a file sends to the L-G of Delhi for his approval.
Now there are some complexities in the law or the thinking or perspective of persons.
High Court in its order in August stated that the L-G is the administrative head of National Capital and is "not" bound to aid and advice of ministers.
AAP plead to SC against this order and the decision came on 4th of July,2018. Supreme Court stated:- The L-G is not an administrative head and can't take independent decisions and must work with the aid and advice of the ministers.
There are some more details which have been given by the apex court,
- The elected govt. has to work in harmony with L-G and L-G must work with the "aid and advice" of the ministers.
- L-G can't be an obstruction for Govt.
- L-G can't take independent decision.
- L-G can't interfere in all the Govt. decisions.
AAP Allegations
- L-G sitting over files.
- L-G making a mockery of democracy.
- Elected Govt. blocked.
- Center ruling through a proxy.
My Views
- These are the allegation AAP compiled on L-G and headed to plea in the apex court.
- After the week of sitting on "Dharna" at L-G house due to the rift between IAS officials and AAP.
- Delhi HC slams Kejriwal as it asked him, Who gave you the permission to sit on "Dharna" at someone's office.
- It seems like Kejriwal after waiting for three years comeback into Dharna-Politics.
- After reading Allegation 1, I thought how come he sat on files, doesn't he have chairs. On a serious note, LG has the right to dispute with the government as it is part of his job, he has to refer the matter to the President who later, will solve the matter.
- Allegation 2, L-G making mockery? Seriously, remember the time when Kejriwal self-said that he is a monarch of AAP. Who here making the mockery?
- Allegation 3, Elected govt. blocked! well, there are certain matters where LG still holds the supremacy ie. Land, Police and Public Order according to Article 239AA.
- Allegation 4, Centre ruling through the proxy, L-G is appointed by President but with the advice of Prime Minister, so it may be possible Centre delaying some decisions in its favor.
AAP Plea's
- Harmonious interpretation of Article 239AA needed.
- Powers necessary for democratically elected Govt.
- L-G sitting on files & blocking elected Govt. decisions.
Law Says
- Centre & L-G has supremacy in administering Delhi.
- Delhi Govt. couldn't be given absolute & "Exclusive" powers.
- L-G has the power to disagree, can overrule Delhi Govt.
Supreme Court Verdict
- The elected govt. has to work in harmony with L-G and L-G must work with the "aid and advice" of the ministers.
- L-G can't be an obstruction for Govt.
- L-G can't take independent decision.
- L-G can't interfere in all the Govt. decisions.
My Views
- Due to Union Territory, Delhi Govt. will never get the "exclusive" right to govern the National Capital like other states of India.
- Department like Police, Land, Public Order still in the hands of L-G and Govt. of Delhi can't interpret them.
- As most of the points from AAP is taken care by Supreme Court, it will be a psychological win of AAP but they still have to complete many "uncleared" decisions that have been blocked by L-G from 3 years.
- This decision by Apex court applies to all the Union Territory of India as there is news of tussle between Pondicherry's L-G and Govt.
- As this win can give real tension to CM of Delhi as he now doesn't have anybody to blame.
- Difference b/w the verdict of HC and SC, it totally overrules what HC has given in August last year.
- L-G can have a dispute but can't send all decisions to President as it is impossible to have a dispute on all decision.
- It is definitely a win situation for AAP as it will end long tussle for governance. Hopefully!
- Now Delhi Govt. have to work faster for Delhi voters as it is them who were suffering in tussle b/w CM and L-G of Delhi like a cheese in Sandwich.
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