Arvind Kejriwal seeks Opposition support: Attack on federal structure, direct challenge to Supreme Court

Hardening the battlelines in the fight over control of administrative services in the capital, Delhi Chief Minister Arvind Kejriwal on Saturday said the Centre’s ordinance — to set up a National Capital Civil Service Authority — was “undemocratic”, “unconstitutional”, and an “attack on the federal structure”, and appealed to Opposition parties to oppose it. He also said the Centre’s ordinance was a “direct challenge” to the Supreme Court.

In its May 11 ruling, a Constitution bench of the Supreme Court had handed over the reins of services to the Delhi government, underlining the importance of the people’s mandate in a democracy.

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Centre on Friday, is seen as a bid to nullify that ruling, with the creation of a National Capital Civil Service Authority to decide on transfers and postings of all Group A and DANICS officers in the capital.

Also read | Centre moves SC seeking review of judgment which held Delhi govt has control over administrative services in NCT

According to the ordinance, the authority will be chaired by the Delhi Chief Minister and will include the Chief Secretary and the Principal Secretary, Home, and “all matters… shall be decided by majority of votes of the members present and voting.” This, effectively, means two bureaucrats, appointed by the Centre, could overrule the elected CM. It also says that in case of differences, the “decision of the Lieutenant Governor shall be final.”

Addressing a press conference, Kejriwal said the Aam Aadmi Party (AAP) government would file a petition against the ordinance in the Supreme Court as soon as it reopens after the summer recess (May 22 to July 2).

“I want to appeal to the Opposition parties to defeat this Bill in Rajya Sabha when it comes to them for clearing. I will speak to each head of party myself and will ask them to oppose the Bill. This is undemocratic and should not be passed,” he said.

Story continues below this ad

Calling the ordinance a challenge to the “majesty and power” of the Supreme Court, Kejriwal said it has now become a fight between the government and the apex court.

“This is not a fight between the AAP and Centre anymore. The AAP is very small. They are challenging the court… The ordinance is a sick joke being played on the people of the country, and on the 2 crore people of Delhi. The SC gave a clear judgment that the elected government has the full right to run Delhi, except in the three fields of police, land and public order. If they turn down the judgment by way of an ordinance, then the Centre is challenging the SC directly. AAP is a very small player. The Centre is saying that the Supreme Court can pass whatever orders it likes, we will overturn them by way of ordinance and Bills,” he said.

He said the ordinance would not stand scrutiny in court. “The basic structure of the Constitution cannot be changed. Tomorrow, if a brute majority comes in and decides to abolish democracy, they can’t do it. Laws that demolish the federal structure cannot be brought in. This is an attack on the federal structure. A law like this cannot be brought in. This ordinance attacks the basic structure of the Constitution. Even if the law is passed, it cannot stand the scrutiny of court,” he said.

Explained | What is Article 239AA, and how the SC interpreted it in its Delhi services verdict

Kejriwal also questioned the Centre’s decision to file a review petition in the Supreme Court against the May 11 order. “What does the review petition mean? When the ordinance has been promulgated to overturn the court verdict, what is the point of the review petition? A review petition is maintainable when the ordinance is withdrawn before the review petition is heard. Is this an indication that as soon as the SC will open, the ordinance will be withdrawn? Judges will ask what the review petition is for when the ordinance has turned the judgment on its head,” he said.

Story continues below this ad

He warned that he would “go to the people” against the Centre’s move. “I will go to the people of Delhi and there will be a maha rally in Delhi soon. And the kind of reactions I am getting from the people, I don’t think the people of Delhi will give the BJP even one out of seven (Lok Sabha) seats. The people are very angry with their tactics and their dictatorial approach. How will the people live under such tyranny? The whole of AAP will be on the streets in the coming days,” he said.

Over the past few months, Kejriwal has been meeting several Opposition leaders, including Bihar CM Nitish Kumar, Deputy CM Tejaswi Yadav and Shiv Sena’s (Uddhav Thackeray faction) Aaditya Thackeray. He had also written to chief ministers of eight non-BJP ruled states earlier this year to get together to discuss a “governance platform”.

Meanwhile, Delhi BJP president Virendra Sachdeva said the ordinance was necessary for maintaining the dignity of Delhi and protecting people’s interests. He alleged that after the SC verdict, the Kejriwal government started “snatching” files from the Vigilance department related to probes into its “scams and corruption”. “Will you (Delhi government) resort to hooliganism and intimidation of officers, and misuse power under the cover of the SC verdict,” he asked.

BJP spokesperson Gaurav Bhatia said Kejriwal’s ideology was against the Constitution. “Dictator Arvind Kejriwal thinks that what he says will be above and beyond the Constitution of the country… The way he held a press conference on yesterday’s ordinance can only lead to the conclusion that Kejriwal does not believe in the same Constitution which he swore upon to become the chief minister and is tearing it apart. Anarchy has completely pervaded his nature,” he alleged.

Story continues below this ad

“Arvind Kejriwalji, Delhi is a Union Territory, not Arvind Territory. It will work in accordance with the Constitution, not as per Kejriwal’s law,” he said.

Curated For You