NEW DELHI: AAP minister Saurabh Bharadwaj on Sunday claimed that the Delhi Services Act is against the spirit of the Constitution.
Bharadwaj, while talking to a news agency, said, “The Constitution says that the government will be run by the people, through elected representatives. In view of this provision, an appointed Lieutenant Governor cannot run the government. When this matter comes to court, the court will overturn this law and establish the primacy of the Constitution. Till then there will be chaos. The Lieutenant Governor will run the government arbitrarily and will impede the welfare of the public. It would be unfortunate for Delhi.”
Reacting to Bhardwaj’s statement, Delhi BJP secretary Bansuri Swaraj said that the position started him came from lack a of knowledge of legal and constitutional provisions.
“The Hon’ble Supreme Court of India in its constitutional bench judgment dated 11.5.2023 has expressly clarified in para 164 (f) that the executive powers of the Delhi government are subject to the powers conferred upon the Union government by a law enacted by the Parliament,” she said.
Swaraj said that the basis of this court’s observation is in Article 239 AA of the Constitution. Article 239 AA (3) grants the Parliament of India supremacy in making laws for Delhi. “The law made by the Parliament for Delhi is binding on the state government,” she said.
“Regarding the functioning of the L-G, I am certain that the L-G will work tirelessly to save the people of Delhi from the excuses being made by the quarrelsome and non-functioning AAP government,” she said.
Chief Minister Arvind Kejriwal had earlier said what the Centre has gone on to do in Delhi is completely against the mandate of the people.
He had said that by introducing an Ordinance, they had proclaimed to the country that they are unwilling to follow the order of the Supreme Court, instead superseding their judgement by introducing a law.“The leaders of the BJP have become arrogant and when arrogance gets to a person’s head then he does not think about the wellbeing of the nation. Therefore, I firmly believe that it is time for the people of the country to overthrow this arrogant government at the Centre,” the CM had added.
L-G will work tirelessly for people: BJP leader
“Regarding the functioning of the Lieutenant Governor, I am certain that he will work tirelessly to save the people of Delhi from the excuses being made by the quarrelsome and non-functioning AAP government,” BJP secretary Bansuri Swaraj said while reacting to the statement made by Saurabh Bharadwaj.