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Journalism of Courage
After coming to the fore more than eight years ago, following the formation of the AAP government in 2015, the issue of which of the capital’s two administrative entities held sway over ‘Services’ had been at the core of the relationship between the Delhi government and L-G.
Though the AAP-led Delhi government had locked horns with three successive Lieutenant Governors since it came to power with a thumping majority, the past year has seen an unprecedented escalation with the appointment of former Khadi and Village Industries Commission chairperson VK Saxena to the post.
Within days of his taking over after former L-G Anil Baijal in May 2022, Services — which was first dragged to court during the then-LG Najeeb Jung’s tenure in 2016 — remained the main battlefront for the office of the L-G and CM.
The AAP flagged several instances of Saxena meeting and passing orders to officials in the absence of ministers, or their concurrence, and called it a violation of his constitutional powers. Saxena’s office, however, maintained he was well within his powers to hold the meetings.
The run-ins between the two include issues related to the excise policy, sending teachers for training to Finland and the AAP government’s flagship power subsidy scheme among other things. Saxena had recommended a CBI probe into alleged irregularities related to the now-retracted excise policy — which led to the arrest of former Delhi Deputy CM Manish Sisodia and the summoning of Kejriwal.
The AAP government has also accused Saxena and his office of being behind the alleged non-cooperation of bureaucracy leading to the delay of several projects as well as the non-disbursal of funds to significant Delhi government departments.
At the heart of the tussle between Raj Niwas and Players’ Building is 1984-batch officer Shakuntala Gamlin, who was appointed as acting chief secretary in 2015 by then-LG Jung. CM Arvind Kejriwal opposed the move and called it unconstitutional. Jung wrote to Kejriwal and said, “The power to appoint and to transfer, from steno to IAS officers, is with the LG.”
The Ministry of Home Affairs then passed a notification in May 2015 which said Services, which has the power of transfers and postings of Delhi government officers, came under the Centre through the L-G. The city government challenged this in the Delhi High Court, which ruled against it. The state then went to the Supreme Court, which ruled that the L-G was bound by aid and advice of the cabinet of ministers.
The issue of Services, however, lingered on and was referred to a two-judge bench of the Supreme Court which delivered a split verdict in 2019. A three-judge bench had then referred the matter to a five-judge bench last year.
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