Kejriwal vs Centre: AAP govt-LG turf war continues over control of services dept

Delhi Lt. Governor Anil Baijal with Chief Minister Arvind Kejriwal and deputy chief minister Manish Sisodia. Photo: Twitter

NEW DELHI: Chief Minister Arvind Kejriwal on Friday said that Lt Governor Anil Baijal does not agree that control of the services department should be handed over to the Delhi government. "This is for the first time in the history of India that the central government has openly refused to accept a Supreme Court ruling. If it becomes a precedent, there will be anarchy," Kejriwal told reporters after a 25-minute meeting with Baijal. "Supreme Court said that except three subjects, police, land and public order, Delhi government will have executive power on other subjects. LG does not agree that control of services should be handed over to Delhi government," he added. MHA told LG services should not be given to Delhi govt: Arvind Kejriwal  Kejriwal alleged the LG sought advice from that MHA which told him that services should not be given to Delhi government. "It is the first time in the history of India that the Central government has openly refused to obey the SC's order," he said. The chief minister said that it is very "dangerous" that the central government is advising the Lieutenant Governor not to follow the apex court's order. Services matter still pending with SC; no final view: MHA In a statement, the Home Ministry denied that it had given advice to the LG to the ignore the Supreme Court order on powers related to Delhi government. It said the suggestion that it has advised the LG to not follow the Supreme Court order was "misleading". The MHA said it has only advised the LG, based on a reference received from him, to follow the law. "This advice is based on the Ministry of law's opinion that the Constitutional bench of the Supreme Court has clearly ordered that the matter be placed before the appropriate regular bench." "In fact it would be against the law to take a final view on the matter related to services which is still pending before the regular Bench." "This is also in accordance with the Proviso to Article 145(3) of the Constitution," it said. 2015 notification that 'services' outside purview of Delhi Assembly valid: LG Baijal also shot off a letter to the chief minister asserting that the Home Ministry's 2015 notification that 'Services' falls outside purview of the Delhi Assembly continues to be valid. The chief minister hit out at the Centre and the LG, alleging that it was a "conspiracy" to "paralyse" the Aam Aadmi Party government in Delhi. In a statement issued by the Lt Governor's office, Baijal cited a Home Ministry notification of 2015 which, in turn, referred to clauses in the Constitution to keep 'Services' out of the Delhi government's purview. "... the Ministry of Home Affairs, vide its notification dated May 21, 2015 had issued the Presidential directions under Article 239 and 239 AA of the Constitution that 'Services' falls outside the purview of the Assembly of the NCT of Delhi and consequently the government of the National Capital Territory of Delhi will have no executive powers in relation to ‘Services'. "The said notification was also upheld by the Delhi High Court vide judgment dated August 4, 2016," read the statement. Kejriwal seeks appointment with Rajnath Later in the day, Kejriwal sought an appointment with Union Home Minister Rajnath Singh to urge him to ensure implementation of the Supreme Court orders on governance in Delhi. "MHA has advised LG to ignore that part of SC order, which restricts LG's powers to only 3 subjects. V dangerous that central govt advising LG not to follow Hon'ble SC's orders. Have sought time from Sh Rajnath Singh ji to urge him to follow Hon'ble SC's orders (sic)," he tweeted. Kejriwal said that they are discussing their next step with lawyers and cabinet ministers after Lt. Governor Anil Baijal refused to hand over the Services Department to the city state's elected government. (With inputs from agencies)