NEW DELHI: Within 48 hours of the Supreme Court order regarding the distribution of power between the Lieutenant Governor and the Chief Minister in the national capital, squabbling over their respective jurisdictions began on Friday.
Chief Minister Arvind Kejriwal met L-G Anil Baijal for the first time after the SC verdict. After the meeting, Kejriwal said that Baijal has refused to follow the SC verdict regarding services department and all options including legal action are open.
"This would be for this first time in the history of this country that the centre has openly decided not to follow the orders of the Supreme Court. When we, in our meeting with LG, asked him particularly about the services department, he (Baijal) stated that he is going to follow the MHA guidelines of 2015. The SC very clearly said that barring three subjects - land, public order and police -- executive powers lie with the elected government" said Kejriwal Baijal presenting his defense, quoted from the judgment.
"Set-up in NCT of Delhi is one where Council of Ministers headed by CM on one hand and L-G on other are a team, a pair on bicycle built for two with the President as its rider who retains general control.SC has emphasized that there is no room for absolutism and anarchy" Baijal said. With regard to the services department
"In the wake of the judgement of the learned Constitutional Bench of Supreme Court, the Ministry of Home Affairs, Government of India has advised that as per concluding paras of judgement, the nine appeals including the one relating to 'Services' shall be taken up by the learned regular Bench and the MHA notification continue to be valid" the L-G said.
The developments comes a day after the chief minister wrote a letter to the lieutenant governor seeking cooperation and explaining that power to transfer and post an official lies with the Council of Ministers (COM), even though the Union Home Ministry's notification contradicting that remains to be heard by a separate Bench in the apex court."MHA has advised L-G to ignore that part of SC order, which restricts L-G's powers to only three subjects.
Very dangerous that central government advising LG not to follow Hon'ble SC's orders. Have sought time from Rajnath Singh to urge him to follow Hon'ble SC's orders" Kejriwal said in a tweet. MHA sources, however, denied Kejriwal's allegations and termed his statement a "misleading". "
MHA has only advised the LG, based on a reference received from him , to follow the law . This advice is based on law ministry's opinion that the constitutional bench has clearly ordered that the matter be placed before the appropriate regular bench. In fact it would be against the law to take a final view on matter related to services which is still pending before the regular Bench," said a senior MHA official.
Meanwhile, Kejriwal listed out major decisions that were taken since Wednesday. The project of door-step-delivery of ration a major bone of contention which led to the nine day protests was approved by the chief minister. Secondly, approval for final installment for completion of the Signature Bridge was given by Deputy Chief Minister Manish Sisodia in the Expenditure-Finance-Committee. Thirdly, construction of two new academic blocks and three new hostels in Delhi Technical University (DTU) was approved.
"I have ordered the food and supplies department to immediately implement door step delivery of ration, overruling the previous objections of the LG. We have struggled for years to provide better food facilities to the public of the national capital. I have also asked the PWD to present a proposal regarding installing of CCTV cameras in the next cabinet meeting" added Kejriwal.