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New Delhi: A day after the Supreme Court clipped the powers of the Lieutenant Governor, Delhi chief minister Arvind Kejriwal wrote a letter to L-G Anil Baijal, saying the executive powers related to services lay with the council of ministers and the elected government no longer required his sign-off on every decision.
Kejriwal said, “I wish to bring to your kind notice two specific issues adjudged by Hon’ble Supreme Court — LG’s ‘concurrence’ would now not be required on any matter and executive powers related to ‘Services’ lies with Council of Ministers.” However, the chief minister said all decisions would be “duly communicated” to Baijal.
Referring to a letter sent by chief secretary Anshu Prakash to deputy chief minister Manish Sisodia on Wednesday night which said the Supreme Court order did not quash the 2015 MHA notification that took services away from the Delhi government, Kejriwal said the ruling had rendered the notification “infructuous”.
He added that if Baijal acted on the files related to services, it would amount to contempt of court. “I am sure Hon’ble LG will never like to knowingly commit contempt of Hon’ble Supreme Court,” he said.
The chief minister sought the L-G’s support for the “development of Delhi, implementing public welfare schemes and for implementation of the Supreme Court order”.
In a landmark order, the Supreme Court on Wednesday outlined the powers of the L-G, saying he has no “independent decision making power” and has to act on the aid and advice of the elected government.
However, the latest confrontation is because of a differing interpretation of the Supreme Court’s orders. While the 585-page SC verdict gives primacy to the elected government, it does not specifically mention “services” or any other specific department. According to the Aam Aadmi Party (AAP), the order makes it clear that apart from the three reserved subjects — land, police and public order — all subjects fall under the purview of the state government.
Responding to reports that bureaucrats had refused to adhere to the ruling, the AAP stepped up its attack on the L-G, with Delhi cabinet minister Gopal Rai tweeting, “Despite the verdict of the apex court, the Centre and the L-G are instigating bureaucrats to not follow the orders of the elected government of Delhi. This shows that the Centre will not stop its tactics to harass the Delhi government.”
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