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Among the conditions set by the Supreme Court when it granted interim bail to Arvind Kejriwal Friday, two speak to his role as the Delhi Chief Minister: he cannot visit his office, nor the Delhi Secretariat, and can only sign official files when “required and necessary for obtaining clearance/approval of the Lt-Governor of Delhi”.
It is the second condition that is crucial, considering that several matters related to Delhi’s administration — accepting the resignation of social welfare minister Raaj Kumar Anand, who quit the AAP following Kejriwal’s arrest; a meeting of the National Capital Civil Service Authority (NCCSA); and the appointment of a presiding officer for the MCD’s Mayoral polls — have faced delay due to the CM’s arrest in the excise policy case.
A meeting of the NCCSA — which presides over the transfer, posting and vigilance-related issues concerning bureaucrats and has not been convened for “at least seven months” according to sources — is currently not a priority as the Model Code of Conduct is in place for the Lok Sabha polls.
Other significant matters that have been held up include water availability under the Summer Action Plan and a proposal to temporarily enhance the financial powers of the MCD Commissioner owing to the alleged hampering of the functioning of the civic body due to lack of funds.
“The L-G has already flagged several issues — from the lack of consumables at Delhi government hospitals and the state of the capital’s health infrastructure to the Summer Action Plan, of which significant matters like water and power availability in the city during peak summer, are components. Both sides, especially Raj Niwas, may adopt a wait-and-watch approach for the time being,” a senior government official said.
“Under Section 45D of the GNCTD (Amendment) Act, the L-G, who is the Administrator, has the power to appoint authorities, boards, commissions; on the other hand, any issue, irrespective of whether it is a transferred subject like health or education, has to be submitted to the L-G, under section 45 I (4), for his opinion through the Chief Minister and the Chief Secretary under certain conditions,” the official added.
These matters, as per the Act, include those which affect or are likely to affect the peace and tranquility of the Capital or any particular community, which affect relations of the Delhi government with the Central or any state government and the Supreme Court or Delhi High Court. These also include matters pertaining to the L-G Secretariat; those on which he is required to make an order in his sole discretion; matters specified under a general or special order issued by the L-G; and any other matter of administrative importance which the Chief Minister may consider necessary.
“When it comes to it, almost every single matter needs to be routed by the CM to the L-G through the Chief Secretary; in this sense, the order is rather open-ended. Given the seeming lack of clarity around this, both sides are likely to wait for the other
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