Delhi power tussle: AAP terms SC judgment ‘big victory’; BJP says verdict establishes Constitution is the ‘boss’

Earlier in the day, Kejriwal received a shot in the arm after the top court ruled that the LG has no independent power to take decisions and is bound by the elected government’s advice. “The Lieutenant Governor has not been entrusted with any independent decision­making power. He has to either act on the ‘aid and advice’ of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him”, a five-judge bench of the Supreme Court said in a unanimous ruling pronounced by Chief Justice Dipak Misra.

If Modi govt had not withdrawn the powers of elected govt thro illegal orders, precious three years wud have been saved. People of Delhi are grateful to judiciary. Today’s order reinforces people’s faith in judiciary

— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018

Soon after the SC ruling, Kejriwal called a meeting of all cabinet ministers at his residence to discuss critical projects and directed all functionaries of Delhi govt to function according to the order of the apex court. He said he has directed to expedite proposals of doorstep delivery of rations and CCTV. Follow LIVE

Later, addressing a press conference, Deputy CM Manish Sisodia said orders have been issued to implement schemes like the doorstep delivery of ration and installation of CCTV camera immediately after the removal of “obstructions” that the LG was “imposing”.

READ | Decisions of Delhi govt will not require the concurrence of L-G, says Supreme Court

“The Modi government had introduced 2 points: that services was not with the state government and that LG will become the decision making authority. This rendered us less than half a state,” Sisodia said while explaining the challenges faced by his government.  Sisodia also emphasised that the Delhi Assembly and Cabinet has powers over all subjects, except the three exempted: land, law and order, police.

While pronouncing the verdict, the court also observed that “there is no room for absolutism and there is no room for anarchism also” and said that the LG, who is appointed by the Centre, cannot act as an “obstructionist.”

The ruling comes as a big relief for the Kejriwal-led government, who had been at the constant tug of war with the LG over several issues. It also lays down for the first time clear guidelines for the LG’s conduct, and delineates the powers of the two branches of the executive in Delhi, which does not have the status of a full state yet elects its own MLAs and government.

On issues that the LG may differ with the government, the Judges said, “The difference of opinion between the Lieutenant Governor and the Council of Ministers should have a sound rationale and there should not be exposition of the phenomenon of an obstructionist but reflection of the philosophy of affirmative constructionism and profound sagacity and judiciousness”.

BJP hits back at Kejriwal

Taking a dig at Kejriwal, the BJP said he is celebrating his “loss” as the Supreme Court has rejected the demand for absolute powers for his government.

In a press conference, BJP spokesperson Sambit Patra said the apex court has upheld the Constitution in its order on the fight between Kejriwal and the LG over their powers and Delhi’s status while speaking against anarchy.

The SC judges must have Kejriwal on their mind, when they wrote against anarchy as the AAP leader is a “self-declared anarchist”, he quipped.

The Delhi BJP, too, took dig at the AAP, saying it has been established that the Constitution is the “boss” and there is no room for “anarchism” of the ruling party in the national capital.

Delhi BJP chief Manoj Tiwari said the court order is a “final warning” to the Kejriwal government to work according to the established rules. “Today’s decision by the Supreme Court establishes that the Constitution is the boss in Delhi and elsewhere in the country.