NEW DELHI: Joining the issue on the Supreme Court verdict on turf war between Delhi government and the lieutenant governor, Union Minister Arun Jaitley has stated that the national capital will stay as a Union Territory (UT), and, hence, it would be erroneous to presume that the apex court has ruled in favour of the Aam Admi Party administration to control the services of the UT cadre.
Jaitley also commented that Delhi not being a state could not constitute agencies for investigation of criminal cases as the Arvind Kejriwal government had done in the past.
"Firstly, if Delhi has no police powers, it cannot set up investigative agency to investigate crimes as had been done in the past," Jaitely noted, while making a detailed analysis of the apex court verdict delivered on Wednesday.
The Union Minister also stated that the Supreme Court has held categorically that Delhi cannot compare itself at par with other States. Therefore, any presumption that the administration of the UT cadre of services has been decided in favour of the Delhi government would be wholly erroneous, stressed Jaitely. Incidentally, the Kejriwal led AAP is embroiled in a turf war with the LG Anil Baijal over control of the city bureaucrats who belong to the UT cadre.
"It has been held by the Supreme Court that the proviso to Article 239AA of the Constitution is in the nature of a protector to safeguard the interests of the Union on matters of national interest in relation to the affairs of the National Capital Territory (NCT). It would be appropriate to construe the proviso as a protector of national concerns in regard to governance of the NCT. The LG is a watchdog to protect them," added Jaitely.
The minister also stated that if there are good and cogent reasons supported by material to disagree the LG can record the same in writing and refer the same to the President, which means the Central Government, which will resolve the difference of opinion between the city government and the LG. "The decision of the Centre will be binding both on the LG and the elected city government. Thus, hereto the opinion of the Centre is overriding," added Jaitely.