Perform or get voted out: SC’s ruling leaves Kejriwal with no excuses

In a landmark judgement, a five-judge Constitution bench of Supreme Court on Wednesday made it clear that Lieutenant Governor of Delhi is not Hukmran (elected representative), but a mere administrator of Delhi. The SC bench clearly stated that LG had no independent decision-making powers under the Constitution.

The LG has to abide by the advice of Council Ministers on all matters other than those which are exempted, like land and public order, said the SC.

The power tussle between the elected government and LG, appointed by the Union government, was going on since the Aam Aadmi Party (AAP) government came into power.

The first AAP government lasted just 49 days in 2013, when the government was not allowed to table the Jan Lokpal Bill in the Assembly. The then Lieutenant Governor of Delhi, Najeeb Jung, was of the view that any bill before introduction into the Assembly needs the approval of the LG, as LG is the government in Delhi.

Chief Minister Arvind Kejriwal, instead of getting approval from the LG, decided to resign. This is was the first tussle between Raj Niwas and Delhi Secretariat. When AAP swept the polls in 2015, winning 67 of 70 seats and reducing BJP to three and Congress to zero, the tussle resurfaced. AAP alleged that the BJP-led central government of waging a vendetta for the assembly election defeat. AAP alleges that Modi-led central Government is using LG to create hindrance in the working of Delhi’s elected government.

Since, two most important institutions of power in Delhi remain at loggerheads and the real sufferers are residents of Delhi.

"Democracy has triumphed. The Delhi government was not created by a statute, but by the Constitution itself, which gave it a full Parliamentary democracy except in areas of public order, police and land. The LG had no right whatsoever to interfere in the decisions of the elected government. Both Najeeb Jung and Anil Baijal were clearly in excess of their Constitutional authority." says senior counsel for Delhi Government, Rajeev Dhawan.

The Supreme Court has made it crystal clear in its verdict that the Delhi cabinet would have to convey all decisions to the LG of Delhi, but his concurrence is not required on all issues. The SC, thus, very clearly has rejected the long established myth that the LG is the Government of Delhi. While awarding the decision, Chief Justice of India Dipak Misra noted that the LG needed to work harmoniously with the elected government of Delhi.

Echoing the sentiments of the CJI, former Chief Minister of Delhi Sheila Dikshit said,“I think what the SC has said is very clear. As per Article 239 (AA) of the Constitution, Delhi is not a state, it is a UT. If the Delhi government & LG don't work together, then Delhi will face problems.”

The Congress leader added, “We ruled Delhi for 15 years. No conflict took place back then. The Supreme court clearly states that LG should not act in a mechanical manner and stall decisions of the Delhi cabinet.”

Lawyer Aman Panwar says, “Now, after the apex court has cleared the dust and AAP is hailing the Supreme Court ruling, it’s time for them to perform and serve the people of Delhi as Delhi has suffered over the last three and half years”.

Things were taking an ugly turn as officers of the Delhi government were visibly hostile to each other after it was alleged by the Chief Secretary Anshu Parkash that AAP MLAs had assaulted him in presence of Chief Minister Arvind Kejriwal on the intervening night of February of 19-20. As the officers went on a symbolic strike, tension increased, prompting Kejriwal and three of his cabinet colleagues to stage a sit-in protest at LG’s house.

Senior advocate Indira Jaising tweeted, "I hope every politician in the country reads all the three judgements. Had it come two weeks earlier, the CM of Delhi would not have to sleep on a sofa at the LG’s residence waiting for an appointment".

The big question that has been addressed by SC in its ruling is why shouldn’t the LG of Delhi act beyond the reserved subjects. From common men to intellectuals, it was haunting everyone’s mind that LG is unnecessary creating hurdles in the functioning of the government.

The ruling has come with a greater responsibility for Kejriwal-led AAP government as now they have to perform without any excuses. The game of blaming each other is over for now. The AAP government should respect the spirit of the verdict and be more humble in their working. The work must speak, not the tweets or statements.