Why Supreme Court verdict is a shot in the arm for AAP

The five-judge Constitution bench of the Supreme Court, headed by Chief Justice of India D Y Chandrachud, held in its unanimous verdict that “there does not exist a homogeneous class of Union Territories with similar governance structures… NCTD (National Capital Territory of Delhi) is not similar to other Union Territories”. The bench observed that section 239AA of the Constitution creates a wide variation in structures of governance of Delhi government as compared to other Union Territories, with differences even in the manner in which legislative powers have been bestowed upon them.

According to senior AAP leaders, while the judgment interprets the Constitution and its provisions for governance of Delhi, its impact is not limited to clarifications on paper. “With this verdict, the main change that will be seen is going to be in the attitude of officials posted with the Delhi government. Since 2015, we have faced issues, which simply put, can be called subordination — officers not attending meetings, not forwarding files to the minister, sitting on directions passed and not implementing orders had become common. Now that Services is under our control, the message has gone to the bureaucracy that they are answerable to ministers and ultimately to the people who elected them,” the leader said.

The bench said in the judgment that Article 239AA establishes a Legislative Assembly to Delhi and as part of constitutional principle of representative democracy, seats of the Delhi assembly are filled by a direct election of NCTD’s constituencies. “The members of the Legislative Assembly of NCTD are selected by the electorate of Delhi to represent their interests. Article 239AA must be interpreted to further the principle of representative democracy,” it said.

According to a former Delhi government official, the verdict had given more powers to the Delhi government in Services than it has enjoyed since its establishment.

“The relationship between the L-G and Chief Minister was never as acrimonious as it became after AAP came to power in 2015. Before that, the two offices were in concurrence and decision-making power remained with the CM on all matters except public order, police and land. Even then, there were a few instances when officers were shifted without the CM’s concurrence but those matters were resolved internally since the party in power at the Centre and state was the same (Congress). What this verdict does is give the elected government complete control over services, which was always vague till this point. Furthermore, the verdict reiterates the 2018 judgment, which said the L-G is bound by the aid and advice of the elected government except in excluded matters,” the official said.

AAP hails verdict

In a press conference, AAP leaders said the verdict had disabused the Prime Minister and BJP of the notion that they can demolish democracy using power and money. “The SC verdict of 2018 was disregarded by PM Modi through MHA and L-G unconstitutionally and powers granted to the elected government were usurped,” said AAP Delhi chief Gopal Rai.

Minister Atishi said, “In 2015, the people of Delhi placed their trust in Arvind Kejriwal by giving them 67 out of 70 seats. But BJP and PM Modi cannot tolerate the win of any other party. Wherever BJP loses, they try to usurp power unconstitutionally…,” she said.