There is no doubt in it that Delhi is a Union Territory and Lt Governor is Administrative Head of it who is directly under control of President of India and President of India acts on the advice given by central council of Ministers. In brief Delhi is governed by Central Government as per provision of Constitution. However after certain amendment of 1991, Delhi state has been given a special status and hence has a provision of elected government which is empowered to deal with matter of concern of common men.
State Assembly may make law related to any subject enlisted in state list or concurrent list except entries 1, 2 and 18 of state list. But all such laws are subject to review of LG , Parliament and Central Government. In case of overlapping of law to any subject, the law framed by Parliament will prevail. The role of Chief Minister of Delhi and council of ministers is only to aid and advice Lt Governor who after due discussion and consultation may give his ascent on the bill. Obviously Delhi Government is not free to impose any rule or act on Lt Governor who as per provisions of Constitution represents Central Government only. But if CM and LG go together as joint entity , they can do a lot of good work and save their time in unnecessary and avoidable quarrels.
In such situation , it is the duty of CM Delhi to consult with Lt Governor on every important issue and only after mutual consent , he can and he should announce or initiate any bill. It is unfortunate that CM Mr. Kejriwal does not understand this well or does not like to understand wilfully to focus on full statehood .
It is undoubtedly true and a fact that his ego is hurt as soon he is told to consult Lt Governor. During his last 49 days rule, Mr. Kejriwal resigned from Post of CM only because he wanted to introduce Jan Lokpal bill without taking concurrence of Lt Governor . His rigidity annoyed opposing parties BJP and Congress Party . Lastly he thought it better, beneficial and strategically profitable to leave the post of CM and hence he surrendered his government.
After getting a great jerk and facing huge humiliation in public domain , I thought , Mr. Kejriwal has learnt lesson and he also begged pardon from public. But unfortunately , Mr. Kejriwal has again entangled himself in the same ego clash with the same Lt Governor on the issue of administrative powers related to transfers and posting.
Only difference is that last time he was blaming Governor Mr. Jung saying that he is agent of Congress Party and this time he is Blaming again the same Lt Governor Mr. Jug by saying that he is viceroy of BJP led government and Agent of Mr. Modi.
God knows whether Mr. Jung is agent of Congress Party of BJP , but this is for certain that Mr. Kejriwal does not know the art of taking work and art of performing with all types of persons and officers . He perhaps does not know how to get work done by process of consultation ,discussion , debate and motivation. He does not want to listen to views of others . His ego put hurdles in smooth functioning.
On the contrary ,Lt Governor Mr Jung does not make any public comment and silently perform his work and he got support from Congress Party when UPA was in power and he is getting support from BJP when NDA is in power.
Kejriwal is no doubt elected by public vote and his party has got full majority in assembly. But he cannot overrule provisions made in the Constitution. He could have referred his liking and disliking of officers and he could have referred the matter of corruption related to officers and police to Lt Governor and could have waited for he outcome. Governor cannot and should not delay the action against any corrupt officers , even if he or she is of central services. He could have followed up the matter with LG . If despite reminder, Lt Governor favours corrupt officials, he could have brought the matter to the notice of Central Government and President of India. Finally he could have brought the matter in public domain if his effort failed as per existing laws, customs and provisions. There is however no reason to believe that Lt Governor will favour a corrupt officer or corrupt police man.
Habit of Mr. Kejriwal of putting blame on all, blaming Modi for all petty matters, tagging Governor as viceroy of Modi or Agent of Congress Party or calling any officer as corrupt , thief or looter in public meeting without proofing the allegation is not taken in good spirit by any civilised public servant or by any unbiased commentator and critic.
His dirty politics and his untimely attempt to jump to Central politics had annoyed his many colleagues in the past and many of his close associates have left him or have been expelled by him. Kejriwal had lost his popularity in the country which he had gained just after winning last election .
When he won election this time by winning 67 out of 70 seats he had promised to confine him and his party to Delhi and for this reason he had expelled reputed leader like Yadav and Bhusan. Unfortunately Mr. Kejriwal is again trying indirectly to jump into national politics by focusing and criticising all the time what Mr. Modi is doing , what Mr. Modi is speaking in public meeting and which dress Mr. Modi wears or why Mr. Modi visit foreign countries. .
I am saying so because he willingly and knowingly passed a resolution in State Assembly against notification of Central Government . He knew it very well that Lt Governor is really administrative head of Union Territory and his role is only to aid and advice LG only. His only motto is to create problem for Modi government and get coverage on TV. He with bad objective wants to get full State hood to Delhi and he wants to function as CM of other states. He also knows that Delhi is kept as Union Territory keeping in view the nature of Delhi and all functions of Central Government positioned in Delhi only . Despite this bitter truth , Mr. Kejriwal is trying to evoke emotions of common men by his speech in Assembly even though he understands well that the full statehood to Delhi may cause risk to the country . He is self centred to remain in power and to capture power of the country through the way of Delhi
Mr. Kejriwal had started his movement against corruption from the platform of Team Anna and India Against Corruption. He used to blame all ministers of Congress Government and used to focus on scams of Shiela Dikshit government and Manmohan Singh Government. But he took support of same Congress Party to capture power in Delhi Last time. He became CM of Delhi and forgot all scams and all ministers who were considered by him as looters and anti-national. He used to say that all looters will be in jail when he comes to power. But he forgot all looters for the sake of power.
After one year when he found that Congress Party is not a force to reckon with and Mr Modi became a winning candidate for PM, he started putting blame on Modi and cursing Modi government for all shortcomings of the country or for the pitiable position of poor and for all pains of farmers and common men. He has forgot the idea of Jan lokpal and all scams of the past. His double standard on all critical issues has been proved many times . His protection to leaders of his own party on charges of corruption and misuse of power has annoyed a large section of people who had great expectation from Mr. Kejriwal. His stand against Media men and his effort to spy against all officers and politicians are damagers of his image.
Kejriwal is no more considered as enemy of corruption, he is now treated and tagged as selfish, dictator, ambitious, unprincipled, double-minded, and so on. Even media men who publicised him are now thorn in the eye of Mr. Kejriwal. He does not have trust in democratic principles, he does not believe in growth agenda of Central Government and he does not idea how to grow Delhi . He know only how to tarnish the image of Mr. Modi and how to shine his image so that he may become real contender for the post of PM . He knows very well that Congress Party is no more a force to reckon with in national or state politics.
But as far as I understand, he is a misguided person or his own ability is too poor to capture power at Centre. He in inexperienced in public administration and political mattes.He can put hurdles in the path of growth by joining hands with Congress Party or JD(u) or Lalu or Mulayam . He is damaging his bright career by his wrong steps and by inviting one after other controversy problems and litigation .Some of media men who were fan of Mr. Kejriwal has also turned hostile. His many friends has turned hostile . Many of fans of AAP have changed their mind and become now Modi Fan.Very soon he will break his patience and fly away from national scene when his ego problem will overtake him and become his killer.
I hope Mr. Kejriwal will introspect and take wise step very soon and at least save country from looters and from those who are anti-growth. Politics is and politics must be done for overall growth and image of the country and not only for self -growth. Kejriwal and AAP took birth to give the Nation a different and judicious politics and they should stick to it and not try to align with dirty politicians like Lalu Mulayam , Mayawati or with Congress Party which has damaged the country during their six decade long rule.
Supreme Court takes on board Centre versus Kejriwal row over Delhi -The Hindu
Without directing a stay on the Delhi High Court's remarks calling the Centre's May 21 notification 'suspect', the Supreme Court on Friday said the observations made were only 'tentative' in nature and did not comment on the validity of the notification giving the Lieutenant Governor absolute powers over senior bureaucratic appointments to the Delhi government.
A vacation bench of Justices A.K. Sikri and U.U. Lalit asked a Division Bench of the Delhi High Court to go ahead and consider a writ petition filed by the Delhi government challenging the legality of the May 21 notification issued by the Ministry of Home Affairs afresh and 'independently' and pay no attention to the Single Judge's comments calling it 'suspect'.
The High Court hearing on the State government's writ challenging the notification as bad in law and a ruse by the Centre to usurp governance powers of a popularly elected AAP government will be considered later in the day.
The bench issued notice to the Delhi government, represented by senior advocate Parag Tripathi, on both the Centre's special leave petition challenging the remarks made against the notification. The State has to file its counter in six weeks. The apex court also issued notice to the State on a separate application seeking a stay on the remarks. On this, the State has three weeks to file its response.
The hearing saw the bench ask the AAP government to either pursue their case in the apex court or the High Court.
"This is a matter of the moment. You take a call on whether you want us to decide or the HC to decide," Justice Sikri told Mr. Tripathi. \
Solicitor General Ranjit Kumar for the Centre submitted that the entire law formulated for the governance of the National Capital Territory of Delhi has come into question.
"If this is the case, even for Republic Day we will have to ask their permission...The Delhi Legislative Assembly has passed resolution that they want clarity... the entire law requires consideration... the Single Judge discussed the entire law on the bail application of a constable..." the SG pressed.
At one point, the bench even suggested the delhi government to transfer the writ to the Supreme Court, so a final decision can be arrived at.
On Thursday,while the Centre claimed supremacy to administer the National Capital before the Supreme Court, the Delhi High Court saw the Arvind Kejriwal government claim unfettered right to run Delhi as its popularly-elected government.
Multiple arenas of litigation opened up in the highest courts with both the Centre and the Delhi government simultaneously approaching the Supreme Court and the Delhi High Court,respectively, after days of impasse over who actually is constitutionally empowered to administer the National Capital Territory of Delhi.
The trigger for these identical litigations came in the form of a May 25 order by a Single Judge of the Delhi High Court calling the Ministry of Home Affairs' May 21 notification "suspect" for giving the Lieutenant Governor absolute powers over appointments, postings and transfers of senior officials as well as matters relating to the police and public order. The notification denied the Delhi government's Anti-Corruption Branch power to probe and prosecuteCentral government employees for corruption.
The Delhi government complained in the High Court that the MHA's notification had made it “virtually impossible for a democratically-elected government to carry out its day-to-day administrative functions and responsibilities”.
Centre's petition in the apex court argues that the Single Judge failed to appreciate that the NCT of Delhi is a “centrally-administered territory of the Union”.
It said the observations were made on the notification against all norms of natural justice as the Centre was not given an opportunity to be heard first. Besides, the Single Judge went ahead to comment despite knowing that a Division Bench of the same High Court was already considering the legality of the May 21 notification.
The petition said the legislative and executive powers of the Delhi government is restricted constitutionally. It said Article 239AA (3)(a) gives Parliament supremacy over the Delhi Legislative Assembly to make laws for the National Capital Territory, and in case of conflict, the law of the parliament prevails over that of the Legislative Assembly.
One of the questions the Centre wants the Supreme Court to authoritatively answer is whether the Delhi Assembly has unfettered powers under Article 239AA. If so, does such power to a State government “derogate” the power of the Parliament under the Constitution to make laws with respect to any matter for a Union territory under Article 246(4)?
On the other hand, the Kejriwal government argued in the High Court that May 21 notification deprives the State's executive authority. It said a democratic set-up does not allow two centres of power – the Lieutenant Governor and Chief Minister.
It said that the LG cannot be placed at a higher pedestal as the May 21 notification does. It said the LG has to certainly act in tandem with the advice of the Council of Ministers.
शरद शर्मा की खरी खरी : किसको लगा झटका? किसको मिली राहत?-NDTV BY Sri Sharad Sharma
नई दिल्ली: दिल्ली में अधिकार की लड़ाई को लेकर आज जब मैं रिपोर्टिंग कर रहा था तो बीच में कुछ समय निकालकर सोशल मीडिया और बाकी न्यूज़ चैनल्स को देखा तो ऐसा लगा कि कहीं मैंने तो कोई गलत रिपोर्ट नहीं की है?(गलती तो किसी से भी हो सकती है)। लेकिन चलिए अच्छी बात रही कि मैंने कोई गलत रिपोर्ट नहीं चलाई क्योंकि मैंने वही रिपोर्ट किया जैसा कोर्ट ने कहा था और जो बहस चलती दिख रही थी वो नज़रिये और समझ के कारण थी।
बहस ये चल रही थी कि झटका किसको लगा? किसको राहत मिली? अदालत का आदेश किसके पक्ष में गया और किसके खिलाफ?
रिपोर्टिंग के समय सिर्फ रिपोर्टिंग करके अब ज़रा अपनी समझ बता देता। क्योंकि मैं आज सुप्रीम कोर्ट और दिल्ली हाई कोर्ट दोनों में मौजूद था।
सुप्रीम कोर्ट से केंद्र सरकार को झटका लगा क्योंकि कोर्ट ने दिल्ली सरकार के एंटी करप्शन ब्रांच के अधिकार क्षेत्र पर न कोई टिपण्णी की और ना दिल्ली हाई कोर्ट के उस आदेश पर कोई रोक लगाई जिसमें कहा गया था कि एसीबी केंद्र सरकार के कर्मचारियों के खिलाफ भी कार्रवाई कर सकती है जबकि केंद्र सरकार की दलील ही ये है कि एसीबी का दायरा सिर्फ दिल्ली सरकार के अधिकारियों/कर्मचारियों तक सीमित है।
अब ज़ाहिर सी बात, जो केंद्र सरकार के लिए झटका है वो दिल्ली सरकार के लिए राहत है। दिल्ली सरकार की एंटी करप्शन ब्रांच फिलहाल के लिए दिल्ली के अंदर जैसे काम कर रही थी वैसे ही करेगी और केंद्र सरकार और दिल्ली सरकार किसी के भी अधिकारियों और कर्मचारियों को करप्शन के मामलों में पकड़ सकेगी। सुप्रीम कोर्ट ने हाई कोर्ट के उस फैसले की तारीफ़ भी की जिसमें उसने दिल्ली पुलिस के हेड कांस्टेबल को ज़मानत ना देने का फैसला सुनाया था। ध्यान रहे कि असल में इस पुलिस वाले की ज़मानत की सुनवाई के आदेश में हाई कोर्ट ने एंटी करप्शन ब्रांच का दायरा बताया था।
दिल्ली हाई कोर्ट ने केंद्र सरकार के नोटिफिकेशन पर कोई रोक नहीं लगाई। ये दिल्ली सरकार के लिए झटका है क्योंकि कोर्ट ने अंतरिम आदेश में कहा कि सरकार अपने ट्रान्सफर वाले आदेश प्रस्ताव के रूप में एलजी को भेजे और एलजी इस पर चर्चा कर सकते हैं।
केंद्र सरकार के नोटिफिकेशन पर कोई रोक नहीं लगी इसलिए उसके लिए राहत की बात है। यानी फिलहाल के लिए ये नोटिफिकेशन लागू रहेगा जिसके तहत दिल्ली में एलजी ही अंतिम फैसला लेंगे।
सुप्रीम कोर्ट ने अपने आदेश में कहा कि दिल्ली हाई कोर्ट जब इस मामले पर सुनवाई करे तो वो इस बात पर ध्यान ना दे कि इससे पहले दिल्ली हाई कोर्ट अपने आदेश की एक टिप्पणी में नोटिफिकेशन को 'संदिग्ध' बता चुकी है। हाई कोर्ट इस मामले की स्वतंत्र सुनवाई करे। ये दिल्ली सरकार को झटका है क्योंकि इसके दम पर वो पॉलिटिकल लड़ाई को मज़बूत बनाकर आगे बढ़ रही थी और आक्रामक हो रही थी।
केंद्र सरकार को राहत ये है कि जबसे हाई कोर्ट ने अपने आदेश में टिपण्णी करके नोटिफिकेशन संदिग्ध जताया था तबसे केंद्र सरकार सवालों के घेरे में आ गयी थी। लेकिन सुप्रीम कोर्ट ने सुनवाई में इस टिपण्णी को निष्प्रभावी रखने को कहकर कुछ राहत दी।
दिल्ली हाई कोर्ट ने कहा कि सरकार अपने हाल ही के दो ट्रान्सफर वाले आदेश प्रस्ताव के रूप में एलजी को भेजे। अगर इसको इस तरह से समझें और देखें कि अभी और आगे सरकार नाम सुझाएगी और एलजी चर्चा करके अंतिम मुहर लगाएंगे। तो इसका मतलब ये हुआ कि एलजी अपनी तरफ से कोई नाम नहीं लाएंगे? बस सरकार के नामों पर ही चर्चा होगी? अगर हां तो ये केंद्र सरकार को झटका है
अगर ऊपर के पॉइंट को ध्यान में रखकर ये मान लें कि यही सही व्याख्या होगी तो ये दिल्ली सरकार को राहत होगी क्योंकि फिर वो अपने नाम सुझा पाएगी और जो कहा जा रहा है नोटिफिकेशन के ज़रिये भी कि एलजी खुद फैसला ले सकते हैं और चर्चा भी मंत्रिमंडल या सीएम से करनी है या नहीं ये उनका अधिकार है तो उस परिस्थिति में तो दिल्ली सरकार के लिए ये स्थिति राहत भरी होगी, कहां सरकार नाम सुझाएगी।
तो कुल मिलाकर बात नज़रिये और समझ की है। एक बात ये भी है कि मीडिया में कोर्ट की खबरें झटका, राहत और फटकार जैसे शब्दों के इर्द गिर्द घूमती हैं इसलिए जो दिख रहा है वो ऐसा है।
Chanakya Niti: Kejriwal's battle against L-G Jung is all about taking AAP national-First Post
What does Delhi Chief Minister Arvind Kejriwal read before going to bed? Nobody knows. But a wild guess is it could be ‘Chanakya Niti,’ especially the line that says 'foe’s enemy is one’s friend.'
In his ongoing tussle with the Lieutenant-Governor (L-G) Najeeb Jung, Kejriwal has created a firewall against the Centre and Prime Minister Narendra Modi by reaching out to non-BJP, non-Congress political satraps of India such as Mamata Banerjee and Nitish Kumar for support.
It’s an unprecedented move for any state chief minister in India to attempt tie-ups with other chief ministers of other political parties who may have common grouse against the Centre. Simple math suggests that if all these chief ministers do come together against the Modi government, they will make up good enough numbers to make noise on the floor of the Parliament.
The Centre’s decision to challenge the High Court order on the notification issued by the Ministry of Home Affairs (MHA) in the Supreme Court may not affect the Delhi CM even if it doesn’t go in favour of the Aam Aadmi Party (AAP) government.
Meanwhile, Kejriwal, according to the sources, has written to chief ministers apprising them of the situation regarding the ongoing power tussle between the Centre and Delhi government.
KC Tyagi, JD(U) MP said, “We are in full agreement with Arvind Kejriwal. In 1990 during the VP Singh government, BJP’s Madanlal Khurana brought the proposal for Delhi’s statehood and now when it’s in power at the Centre, it’s not ready to accept it. In Delhi, the AAP government got a big mandate and it’s an elected government. The Sarkaria Commission gave limited powers to the L-G.
The Delhi CM, the L-G and the Home Minister should jointly discuss and resolve the issue for the benefit of Delhi. One should remember Delhi is not just another union territory like Andaman & Nicobar or Dadra & Nagar Haveli. It’s the national capital and, its CM should have the power to make appointments and take decisions, rather than depending on Centre for each and every issue; or else how can he fulfill the promises he made to Delhi voters.”
He further added, “Nitishji and Mamata Banerjee have extended their support for Kejriwal. Delhi must get statehood. The Centre should make necessary amendments and provide more power to Delhi government.”
The Left also is in agreement with the JD (U) and feels that Kejriwal is right in his stand against the Centre.
Badal Saroj, Central Committee member of the CPI (M) said, “Both Narendra Modi and the BJP are unable to accept the loss they faced in Delhi election. Now, through this irresponsible L-G, who’s dancing to the tunes of the Centre, it has been trying to control Delhi government. Delhi has an elected government and if its CM, who got a sweeping majority, can’t take decisions of his own, how can he function? The Centre by curtailing outlays, has reduced the states to the level of municipal corporations. The BJP also demanded statehood for Delhi, but now it’s not ready to give power to Delhi government.”
Added a Trinamool Congress member from Kolkata, “The BJP at the Centre is ill-treating the Delhi government exactly in the same manner as it has been doing with other non-BJP state governments. This will jeopardize the Centre-State relationship and the federal structure.”
Both in the past and at present, the power sharing between the Centre and the States has been the bone of contention. While, the Centre through its ‘appointed’ representative-- the L-G, tries to have a control over the administration of a union territory, which in the case of Delhi is little different.
Though Delhi isn’t a full state, it enjoys some of the privileges of a state like it has its elected CM, Assembly, etc. The AAP during election had promised that it would seek full statehood for Delhi. So, did the BJP. But, nothing happened in this direction and Kejriwal is not ready to relent on this issue.
Probably, he wants to send the message --‘What Modi is to India, Kejriwal is to Delhi’, and Kejriwal has decided to use both the public sentiment, which is strongly in his favour and the support from non-BJP parties in the other states in order to pressurise the Centre, which has apparently tried to curb the authority of Delhi CM through the L-G and notifications.
Supreme Court advocate Sunil Mathews opined, “He is using this as a weapon to whip up popular sentiments against the centre and ride on it to a separate state of Delhi. That is a separate political ploy, which may work given our history in which states have come into being riding on disenchantment such as in Telangana. On the Gorkhaland front, this hasn't worked. So it may cut both ways, politically.”
He added, “Eventually, the Supreme Court may just rule against it, given that Delhi is a union territory and its powers --executive and legislative can both be curtailed by the Parliament. On the plea of transfers and postings, he may get some leeway. Surely, the state can write to the centre seeking action against corrupt officials. If the centre says no in a particular case, then create a storm, like Kejriwal did. This is a logical extension of the anarchist principle that he used last time as chief minister.”
Even the bureaucracy, which is at the centre of this power tussle, considers the situation to be more political than a constitutional crisis.
A senior bureaucrat, who is in know of things said on condition of anonymity, “Behind this entire power tussle between the L-G and Delhi government, Kejriwal’s motive can be to emerge at a national level, by aligning with the non-BJP states. Instead of constitutional, Kejriwal’s moves seem to be more political.”