The AAP government does not immediately plan to take a legal recourse on the impasse over control of services, Chief Minister Arvind Kejriwal indicated Saturday, while dubbing the Centre as “anarchist”. Speaking to reporters, Kejriwal said the Ministry of Home Affairs (MHA) and Lt Governor Anil Baijal are “confused” about the Supreme Court verdict, not the AAP.
His response came when he was asked if the AAP government was planning to move the court over the L-G’s decision to retain control of the services department, which decides on the transfer and posting of bureaucrats. The AAP has maintained that the L-G’s decision amounts to contempt of court as the Constitution Bench judgment is “categorical” that he has jurisdiction over police, public order and land only.
“His (L-G) interpretation (of the judgment) is strange. They are claiming the matter will go to regular bench now. Then they should not follow the order at all. Why follow some parts of it like the court’s observation that L-G’s concurrence is not needed, while leaving out the part on services,” Kejriwal said.
The Chief Minister said the Centre and L-G have no option but to follow the order in its entirety as it has now become the “country’s law”.
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“This is not how it works. Except reserved subjects, the elected government has full rights over other areas. It is contempt of court and they are spreading anarchy in the country. I believe that the MHA and L-G should go to court, they are confused about the judgment, we are not,” he said.
The Centre has advised L-G Baijal to maintain his control on services unless the regular bench of the apex court rules on the 2015 notification by the Ministry of Home Affairs — that authorised him to decide on transfers and postings of bureaucrats in the Delhi government.