Despite Supreme Court ordering the Lieutenant Governor of Delhi, Anil Baijal, to work harmoniously with the Arvind Kejriwal government, Deputy CM Manish Sisodia said that IAS staffers are refusing to follow orders. The latest confrontation happened because of the different interpretations of the Supreme Court’s order.
According to the Aam Aadmi Party, the SC order made it clear that other than land, police and public order, everything else falls under the purview of the state government. However, Chief Secretary Anshu Prakash said that the order does not specifically quash the 2015 notification that took the services department away from the Delhi government, reported News18.
“The Supreme Court order has made things very clear about how the system is supposed to function in Delhi and what the constitutional framework is. It is unfortunate that despite that officers have refused to listen to those orders. If the orders of the courts are rejected by the officers, how will democracy function? This will lead to chaos,” Sisodia said on Thursday morning.
He further said taking a dig at the Centre, “Maybe the Centre didn’t like it or the LG didn’t like it or some officers didn’t like it. But it doesn’t matter if you like it or not, you have to follow the court’s orders.” He said that two years ago, the High Court gave orders against the elected government of Delhi and the Delhi government still respected it despite it being against their favour.
Explaining the Delhi Government’s interpretation of the SC verdict, Sisodia said, “The order said the Centre has power on only three subjects. It also said Centre has power on no other subjects but these three. On all other transferred subjects, the executive power lies with the Legislative Assembly and Delhi’s Council of Ministers. There is no room for doubt. After this, the services subject can in no way be under the Centre. Officers are saying that they won’t follow orders since the MHA notification from 2015 has not been quashed. This is a violation of court orders. The highest court of the land has issued orders, now there is no room for doubt.”
In a series of tweets, AAP showed their displeasure over the LG refusing to accept a transfer order.
The LG can’t do transfer as per orders of Hon’ble SC and the officers insist that they will not obey minister’s orders till MHA notification explicitly quashed.
So, will there be no transfer orders in Delhi from now till decision of Division Bench ?
4/4
— AAP (@AamAadmiParty) July 5, 2018
SC has clearly said that centre has executive powers ONLY on three subjects and no other subject. Council of Ministers (COM) has executive powers on all other subjects. There is absolutely no ambiguity in this. So, obviously executive power over services lies with COM. 2/4
— AAP (@AamAadmiParty) July 5, 2018
Centre’s response
After the Supreme Court’s order regarding the place of L-]G in Delhi, Arun Jaitley said that “silence on issues cannot imply a verdict in favour of anyone” and they have the power over both LG and the state government in places where there is a difference of opinions.
He further mentioned that keeping in mind the sanctity of the Constitution, the LG should always agree with the exercise of the power of the state government. In places where the LG differs in opinions, then the Centre will have the right to exercise power.
“If the LG has good and cogent reasons supported by materials to disagree, he can record the same in writing and refer the same to the President (i.e. the Central Government), which will resolve the difference of opinion between the State Government and the Lieutenant Governor. The decision of the Central Government will be binding both on the Lieutenant Governor and the elected State Government. Thus hereto the opinion of the Centre is overriding,” said Jaitley, reported News18.
In his Facebook blog, he wrote, “Delhi has no police powers, it cannot set up investigative agency to investigate crimes as had been done in the past.”
