New Delhi: Delhi Chief Minister Arvind Kejriwal on Monday wrote to Lt Governor Anil Baijal questioning about the latter's partial acceptance of the Supreme Court's landmark verdict. The top court had last week clipped the power of the L-G and set a clear message in the power struggle between the Aam Aadmi Party (AAP) and Centre over control of the Delhi government.
"I am glad that you have agreed with Para 277 (xxi) of the judgement of Supreme Court, which says that concurrence of LG is not required. However, you refuse to implement Para 277 (xiv), (xv) and (xvi) of the same judgement, which says that the executive powers of Central government are limited to 3 subjects only. But how can you be selective in accepting the judgement?," Kejriwal wrote in his letter.
Delhi CM writes letter to LG Anil Baijal writes 'You agreed with Para 277 (xxi) of SC's judgement which says concurrence of LG is no required. However you refuse to implement Para 277 (xiv), (xv) & (xvi) of the same judgement. How can you be selective in accepting the judgement?' pic.twitter.com/exsIdMbXEW
— ANI (@ANI) July 9, 2018
"In your support you have relied upon the last Para 278 of the judgement, which says that 'Matters be placed before the appropriate regular bench'," the Chief Minister added.
In a table, Kejriwal mentioned which paras of the order the L-G is willing to accept while which are the ones he rejected. Kejriwal, in his letter, further urged the L-G to fully implement the orders of the top court.
The letter comes a week after the Supreme Court's landmark judgement in which the government introduced a new system for transfer and postings of bureaucrats, making the chief minister the approving authority.
The services department, however, refused to comply, saying the apex court did not abolish May 21, 2015, notification of the Ministry of Home Affairs, according to which services matter lies with the lieutenant governor.
While acknowledging that the Lieutenant Governor was the top executive in Delhi, the top court in its landmark judgement said the LG is bound by the advice of the elected government and must be aligned with the cabinet at all times.
The Supreme Court categorically said the Constitution must be followed at all costs, and that it left no space for anarchy. It also underlined that Delhi does not have full statehood while stating that it does enjoy special status.
The apex court said the LG must work harmoniously with the elected government and on the aid and advice of the cabinet. However, it also asked the elected government to ensure that its decisions have the prior approval of the LG.
(With inputs from agencies)