The ruling by Chief Justice DY Chandrachud-led Constitution Bench of the Supreme Court on the dispute between the Delhi government and the central government has given the Arvind Kejriwal-led Aam Aadmi Party (AAP) a much-needed boost. The services department would now fall under the purview of Delhi's elected government, the Supreme Court ruled. As a result, rather than the Lieutenant Governor of Delhi, the Delhi government's bureaucracy will now directly answer to the cabinet headed by Chief Minister Arvind Kejriwal. The AAP will have many opportunities to influence politics and government as a result of this decision. Nevertheless, this decision fundamentally alters how the BJP views Delhi in its politics.
AAP Wins A Long Battle
Arvind Kejriwal first formed his government in 2013 with outside support from the Congress, but this government lasted only 49 days. The party then won the 2015 Dehi assembly election under Kejriwal with a humongous majority of 67 out of 70 seats. Immediately after that, the Bharatiya Janata Party-led central government removed the services department and the anti-corruption branch from the purview of the elected government of Delhi. The conflict between the Arvind Kejriwal administration and the central government started right here. Delhi is a union territory rather than a separate state. Due to this, the state has a trifurcated power structure. Departments like education, health, water, electricity, finance, transport, and others are under the elected government of Delhi. The central government maintains complete jurisdiction over the city's law and order, and land, while the national capital's civic affairs are handled by the municipal corporations of Delhi.
Kejriwal has been vocal about the fact that the central government meddles in every aspect of the elected government's operations, often with the assistance of the lieutenant governor of Delhi. The Supreme Court provided some relief to the AAP government in 2018 by ruling that the L-G cannot interfere in every matter that falls under the purview of the Delhi government, and must instead work with the aid and advice of the Delhi Cabinet. However, the SC its deferred judgment on the services case to a bigger bench then. With the exception of the departments responsible for law and order and land, the AAP government now has complete control over the bureaucracy thanks to the Supreme Court's decision last week.
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Political Advantage For AAP
The Aam Aadmi Party has consistently had issues in Delhi politics because of the frequent meddling of the central government in its governance, despite huge electoral successes in Delhi. The entire political narrative of the BJP in Delhi is dependent on this relationship between the elected government and the central government. For example, former deputy chief minister of Delhi and senior leader Manish Sisodia is in jail because the Lieutenant Governor of Delhi ordered a CBI probe in the alleged excise policy case, which was done based on a report submitted by the chief secretary of Delhi.
This verdict paves the way for the AAP to enter a new a new political narrative with ample backing from this order, where CM Kejriwal will have a chance to tell the public that all of the investigations ordered by the L-G were technically illegal and politically biased. This, however, will have no legal ramifications, as the SC ruling cannot be applied to such official decisions made in the past. This decision will also allow Kejriwal to construct a narrative that the BJP was afraid of the AAP, and used the L-G and the central government to corner him and his party.
Governance Benefits for AAP
The AAP government led by CM Kejriwal will have the opportunity to implement many policies that have been stalled due to the alleged interference of the central government. Simultaneously, the AAP has made numerous allegations that Delhi government officials have obstructed a number of projects internally, and this verdict clears the way for the party to implement all of its desired policies. Moreover, for the first time in over two terms as chief minister, Kejriwal will have his own bureaucracy. This implies an enormous administrative reorganisation in Delhi, which has already begun with the removal of Ashish More as secretary of the services department by the chief minister.
It will be crucial to observe how the AAP government handles bureaucracy. Throughout these years, the AAP administration has been accused on numerous occasions of harassing officers. There is a growing belief that Kejriwal's party will take severe action against the officials who, according to them, slowed down the work on the LG's orders. Kejriwal will undoubtedly have a greater opportunity to govern as a result of the SC ruling and his ability to select own officers. However, if the conflict between the officials and the AAP government escalates, it could become a problem for the government.
Setback for Delhi BJP
After this verdict of the Supreme Court, the BJP unit in Delhi must undergo a political transformation. In recent years, the BJP in Delhi has not exerted significant effort to establish an independent identity or narrative. The party has been extremely reliant on the central leadership and administration. Politically isolating the AAP was an objective that the Delhi BJP was unable to achieve, regardless of the politics or policy. The BJP's entire narrative is contingent on the investigations mandated by the central government or the decisions made by the BJP government. The Delhi BJP will have to revise its leadership, narrative, and politics against the AAP and Arvind Kejriwal in light of this verdict.
Ultimately, there is no doubt that this Supreme Court decision will influence the politics of Delhi and the Aam Aadmi Party. However, there is no reason to believe that the dispute between the Centre and the Government of Delhi will end. Already, the AAP government has petitioned the Supreme Court again urging it to take notice of the fact that the Central government is preventing Delhi from transferring the secretary of the services department. This is only the beginning, and such conflicts will continue. How the AAP deals with these conflicts will be crucial. After this verdict, however, the people of Delhi will expect the AAP to cease using squabbling as an excuse and instead devote its full efforts to the development of Delhi.
The author is a columnist and doctoral research scholar in media and politics.
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