New Delhi: In an apparent setback for Delhi Chief Minister Arvind Kejriwal, the Ministry of Home Affairs on Friday issued a gazette notification specifying the role and powers of the Lt Governor.
The MHA notification regarding the Union Territory's administration states the LG has jurisdiction over matters of services, public order, police and land.
“Subject to his control and further orders, LG of the National Capital of Delhi, shall in respect of matters connected with ‘Public Order’, ‘Police’, ‘Land’ and 'Services’ exercise the powers and discharge functions of the Central government to the extent delegated to him from time to time by the President. Provided that LG may, in his discretion, obtain views of CM of Delhi in regards matter of ‘Services’, wherever he deems it appropriate,” states the MHA notification.
Click here to read the full MHA notification
"The state Legislative Assembly shall have power to make laws for the whole or a part of National Capital Territory of Delhi with respect to any of the matters enumerated in the State list or Concurrent list so far as any such matter is applicable to Union Territories, except matters with respect to Public Order, Police and Land," clarified the MHA notification issued on Thursday but made public only on Friday.
The notification clarified that the Lt Governor remained the administrator of the Union Territory.
"Article 239AA inserted by the Constitution (Sixty-ninth Amendment Act, 1991) provides that the UT of Delhi shall be called NCT of Delhi and the administrator thereof shall be designated as Lt Governor."
"UT cadre consisting of Indian Administrative Service and Indian Police Service personnel is common to UT of Delhi, Chandigarh, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli, Puducherry and states of Arunachal Pradesh, Goa and Mizoram which is administered by the Central government through MHA," the notification further pointed out, clearly indicating that IAS and IPS officers were administered by the Central government.
"National Capital Territory of Delhi does not have its own state public services," it stated.
The MHA clarified on the powers of the LG amid an ongoing turf war between CM Kejriwal and LG Najeeb Jung over posting and transfer of bureaucrats.
The row began after the LG appointed Shakuntla Gamlin as interim chief secretary of Delhi. The Kejriwal government opposed the appointment and accused Gamlin of favouring power distribution firms in the capital.
The row escalated after LG Jung annulled all recent bureaucratic postings by the Delhi government.
The two had also met President Pranab Mukherjee over the issue and the Kejriwal government urged him to intervene in the matter.
Also, in a letter to Prime Minister Narendra Modi, Kejriwal accused his government of trying to rule Delhi through the LG.
