Arvind Kejriwal, the chairman of the Aam Aadmi party and the chief minister of Delhi, is seeking the support of opposition parties against the Center’s ordinance regarding the Delhi government. Talks have also been held with the Congress party on this issue, but the Congress recalled the day when Kejriwal’s government passed a resolution in the Delhi Assembly to withdraw former Prime Minister Rajiv Gandhi’s ‘Bharat Ratna’. Now the Congress party is hesitant to support Kejriwal on the ordinance issue. On the other hand, Dr. B. R. Ambedkar, the architect of the constitution, had included such a provision in the constitution itself that any law in the capital of India would be made by the Parliament of India. Former Secretary of the Legislative Assembly and constitutional expert SK Sharma, who has worked with four Chief Ministers in Delhi, says the power controversy is now a direct question over Dr. Ambedkar.
According to SK Sharma, the elected government in Delhi ‘wants to rule on the lines of Punjab, Haryana or Uttar Pradesh. This is the heart of the real controversy. He declined to comment on the Supreme Court’s decision. In one of its past rulings, the Supreme Court had transferred the right of detachment to the Delhi government. After this, when Kejriwal started fast transfers, the Central Government issued an Ordinance on Transfers and Appointments in Delhi. As a result, the transfer that came into the hands of the government of Kejriwal again went to LG. Now Kejriwal is seeking the support of opposition parties against the Center on this issue. On Tuesday, he spoke with West Bengal CM Mamata Banerjee. Punjab CM Bhagwant Mann was also with him.
Dr. Questioning Ambedkar’s scholarship
According to constitutional expert SK Sharma, the center has the right to make laws related to Delhi. All laws made in Delhi are made by parliament. Constitution maker Dr. BR Ambedkar has incorporated this regulation into the constitution. Demanding full state for Delhi is the wisdom of Dr. doubting Ambedkar. Earlier, Aam Aadmi Party has put forward the demand for full statehood for Delhi. In 1947, when the constitution was drafted for independent India, the issue of giving Delhi full statehood also came to the fore. The Constituent Assembly appointed a committee under the chairmanship of Pattabhi Sitaramaiah in this matter. It was agreed in the report of the commission to give Delhi full statehood. When this report reached Dr. Ambedkar through Dr. Rajendra Prasad, he rejected it. Dr. Ambedkar said Delhi state cannot have any right to India’s capital. Only the central government will pass the law related to Delhi. There will be no state interference in this. In 1987, the Balakrishnan Committee was established to make Delhi a full-fledged state. The commission said any change in law and order is not in Delhi’s best interest. After this, after the confrontation between the Delhi government and the officers, the Center implemented the NCT Government (Amendment) Act 2021 through the parliament. The Lieutenant Governor was given priority over the elected government.
Attempt to break the limitations of the constitution
Like SK Sharma, Kejriwal’s government kept trying to get out of those restrictions, which are mentioned in the Indian Constitution. After several struggles over the jurisdiction issue, the Center passed the law according to which the Delhi government would mean the ‘Lieutenant Governor’. Actually, the government of Delhi wants to advance in the footsteps of other states. Looking at the past, Delhi has been a union territory. Just as in Puducherry there was a demand that the elected representatives of the people should also be in the government, so a system was created in Delhi. The practice of governing with the advice of the LG began with the formation of the Legislative Assembly. However, the Kejriwal government wanted to work along the lines of Punjab, Haryana or Uttar Pradesh. The Delhi government will now have to seek the consent of the Lieutenant Governor before making an executive decision. Before the AAP government, whenever a bill was introduced in the Vidhansabha, the LG’s name appeared there under 239A. The Delhi government has removed the word Lieutenant Governor from this part of the Legislative Assembly proceedings. This led to a growing dispute. Lieutenant Governor started writing with National Capital Territory. When the question arose, the meaning of the government was started writing ‘Council of Ministers of the National Capital Region’.
What is the difference between Article 239 and 239AA
SK Sharma explains that since the beginning there has been a disagreement between the Delhi government and the central government over the interpretation of Articles 239 and 239AA of the Constitution. Article 239 is for union territories. It describes their rights and restrictions. 239AA has been added especially for Delhi. According to this, the Lieutenant Governor will interpret the provisions of 239AA as he sees fit. The Kejriwal government continued to understand it in its own way. In the year 2018, the Supreme Court had said in its decision that Section 239AA was, after all, a democratic experiment. Its interpretation will decide whether it was successful or not. What is its explanation? In this, Delhi has been given a different status than other union areas. It is also written in this that under this there will be an elected government in Delhi, which will be accountable to the public. The Supreme Court has underlined them. The Lieutenant Governor of Delhi acts on the advice of the elected government on matters other than the provisions of Article 239AA of the Constitution.
Delhi: ‘AAP’ will raise its voice against the Center’s ordinance and host a large rally at Ramlila Maidan on June 11
There has been such provision in Delhi
The rules state that there will be no interference from the Legislative Assembly in these four subjects: land, police, public order and services. Therefore, the Union Territory does not have its own service, so these four topics will be dealt with from the Raj Niwas. The Legislative Assembly will not advise the Lieutenant Governor on this matter, whether he agrees or not. Permission from the center must be obtained in advance for the other subjects. As SK Sharma, the Delhi Assembly can legislate on other subjects. It also has the power to legislate on subjects in the state or contemporaneous lists. Prior permission from the center must be obtained for this. The governments that were in Delhi before the ‘AAP’ government had the consent of the center before making laws, so they had no dispute with the center. The Center, LG and even the President were insulted on many counts. Everyone had seen what happened regarding Lokpal’s account.
This system is applicable in many countries of the world.
The Supreme Court handed over control of police, public order and all other services in the national capital, except land, to the Delhi government in a May 11 verdict. Now the central government has approached the Supreme Court to review the Constitutional Bank’s decision. Apart from this, the central government has issued an ordinance to establish the National Capital Civil Services Authority. With this, the right of transfer and secondment has gone back to the Lieutenant Governor. Central government sources say that such a system is in use in many countries of the world. Delhi-like arrangements have also been described in the US capital Washington DC, the German capital Berlin and the French capital Paris. Delhi is home to a large number of diplomatic missions and international organizations. In such a situation, the direction of the central government ensures proper coordination with foreign governments. It also facilitates the proper functioning of these diplomatic institutions.
