Centre lets Jung prevail, Kejri angry

Ajay Banerjee &Ananya Panda

Tribune News Service

New Delhi, May 22

Virtually declaring the elected government in Delhi “powerless”, the Ministry of Home Affairs has issued a notification entrusting all important powers to the Lieutenant Governor and not the Chief Minister.

The notification, issued on Thursday night, removes the need for the L-G to consult the CM while transferring IAS and IPS officers and dealing with issues related to land, police and public orders.

Chief Minister Arvind Kejriwal today retorted by comparing L-G Najeeb Jung with the Viceroy — an appointment made by the British during their rule over the sub-continent. “The L-G is just the face. He is the Viceroy and PM is (like) London and all directions are coming from the PMO,” Kejriwal said at a press meet. AAP member Atishi Marlena said the notification undermined the rights of an elected government by running it through a “proxy dictatorial backdoor”. “It is nothing but doublespeak on the PM’s part when he talks of federalism,” she said.

The MHA notification quoted Article 239AA of the Constitution saying since the UT cadre of the IAS and IPS serve in other UTs, the subordinate services are also common to all UTs. “As such, it is clear that the National Capital Territory of Delhi does not have its own state public services. Thus, services will be within this category (not on the state list),” it said.

The notification explains Jung’s powers saying: “Services fall outside the purview of the Legislative Assembly of Delhi and consequently the government of Delhi will have no executive power on subjects related to police, public order, land and services.....these powers vest exclusively with the President or his delegate, who is the L-G of Delhi.” The notification removes all ambiguity on coordination between the L-G and the CM and makes the former the supreme authority. It says: “The L-G may, at his discretion, obtain views of the CM on matters related to services, wherever he deems appropriate.”

In 1998, the BJP was in power in Delhi as well as the Centre. Atal Bihari Vajpayee was the PM, LK Advani the Home Minister and Sahib Singh Verma the Delhi Chief Minister.

Kejriwal has accused the Centre of running a “transfer/posting industry” and said he had sought advice from Constitutional and legal experts. Alleging a nexus between bureaucrats and the Centre, he slammed the notification saying: “It shows (BJP’s) nervousness after having lost the Delhi Assembly polls.”

“Delhi had a transfer industry and in the past three months we have stopped it. Due to this, both the BJP and the Congress contractors are left with no option. The notification clearly shows that the government is nervous. The Centre wants to control transfer posting in Delhi,” Kejriwal added.