After SC verdict, Kejriwal says Modi govt's 'illegal order' wasted 'precious three years'

Hours after the Supreme Court handed a major victory to Delhi's AAP government in its bitter power tussle with the Centre, Chief Minister Arvind Kejriwal said that precious three years would have been saved if the Modi government had not withdrawn the powers of the elected government through “illegal orders”.

Delhi Chief Minister Arvind Kejriwal. Photo: Facebook

NEW DELHI: Hours after the Supreme Court handed a major victory to Delhi's AAP government in its bitter power tussle with the Centre, Chief Minister Arvind Kejriwal said that precious three years would have been saved if the Modi government had not withdrawn the powers of his government through “illegal orders”. "If the Modi government had not withdrawn the powers of the elected government through illegal orders, precious three years would have been saved," Kejriwal said in a tweet. Stating that the Supreme Court’s verdict reinforced people’s faith in the judiciary, the chief minister said: "People of Delhi are grateful to the judiciary".

If Modi govt had not withdrawn the powers of elected govt thro illegal orders, precious three years wud have been saved.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

Earlier in the day, Kejriwal hailed the apex court's order as "a big victory for the people of Delhi... a big victory for democracy."

A big victory for the people of Delhi...a big victory for democracy...

— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018

Kejriwal also called a meeting of all Cabinet Ministers late afternoon at his residence to discuss "critical projects of public importance which were blocked so far" by the LG Anil Baijal. He directed officials to expedite projects like doorstep delivery of rations and installation of CCTV cameras. Officers have been directed to work as per the Supreme Court's orders, Deputy Chief Minister Manish Sisodia said at a press conference after the cabinet meeting that lasted eight-minutes. The Lieutenant Governor should not act in a mechanical manner and stall decisions of the council of ministers, the Supreme Court ruled in favour of the AAP-led Delhi government on Wednesday. The apex court said LG has not been entrusted with independent powers. The landmark laid down broad parameters for the governance of the national capital, which has witnessed the power struggle between the Centre and Delhi government since the Aam Aadmi Party formed government in 2014. The judgement pronounced in the court by Chief Justice Dipak Misra, who was heading a five-judge Constitution bench, also held that the LG cannot act as an "obstructionist". Two other judges, Justices A K Sikri and A M Khanwilkar, concurred with the verdict. It said all decisions of the Council of Ministers must be communicated to the LG but that does not mean his concurrence is required. Highlights of the Supreme Court ruling on the division of power between the Delhi government and the Lt Governor:

• Lt Governor is bound by the aid and advice of the Council of Ministers
• Lt Governor has not been entrusted with any independent decision making power.
• Lt Governor 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.
• The Centre has exclusive executive power over land, police, law and order.
• The executive power of Delhi government is co-extensive with the legislative powers of the Delhi Assembly.
• The executive power of the Council of Ministers spans over all the subjects covered under the concurrent list and the State list of the Constitution except land, police, law and order.
• By no stretch of imagination, National Capital Territory of Delhi can be accorded the status of State under the present constitutional scheme.
• The status of Lt Governor of Delhi is not that of a Governor of State.
• Lt Governor is an Administrator in a limited sense.
• Parliament has the power to make laws for the NCT Delhi on any matter under the State list and the concurrent list.
• Delhi Assembly too has the powers to enact laws on the all the subjects covered under the concurrent list and the State list minus land, police, law and order.
• The executive action of the State must conform to the law made by the Parliament on certain subject falling under concurrent and State lists.
• Lt Governor should not act in a mechanical manner without due application of mind so as to refer every decision of the Council of Ministers to the President.
• The difference of opinion between the Lt. Governor and the Council of Ministers should have sound rationale and should not be the phenomenon of an obstructionist.
• The Lt Governor and the Council of Ministers must attempt to settle any point of difference by way of discussion and dialogue.
• Lt Governor must work harmoniously with his Ministers and must not seek to resist them every step of the way.
• The decision of the Council of Ministers that has to be communicated to the Lt. Governor does not mean that the concurrence of the Lt. Governor is required.
• Our Constitution is a constructive one. There is no room for absolutism. There is no space for anarchy.

(With additional inputs from agencies)