‘If govt means L-G, why hold elections?’: Arvind Kejriwal

Kejriwal said the Union government, by moving this bill, was not just bypassing a Supreme Court verdict of July 2018, but also negating the Constitution and democracy.

Chief minister Arvind Kejriwal on Wednesday urged the Bharatiya Janata Party-led Union government to withdraw a bill that redefines the power of Delhi’s lieutenant governor (L-G), contending that the legislation would undermine the rights of the people of the Capital and their elected government.

Delhi chief minister Arvind Kejriwal addresses the gathering during a protest against the GNCTD Amendment Bill, at Jantar Mantar, in New Delhi. (Raj K Raj / Hindustan Times)

Kejriwal said the Union government, by moving this bill, was not just bypassing a Supreme Court verdict of July 2018, but also negating the Constitution and democracy.

“The bill says the government means the L-G. If that is the case, where will the chief minister go? Where will the people of Delhi go? Why were elections conducted? The people of Delhi are being cheated by the central government. This is wrong,” he said during a protest rally of Aam Aadmi Party (AAP) workers and supporters at Jantar Mantar.

Kejriwal added that he was ready to do anything to safeguard the rights of the people.

“Be it folding our hands before them [the Centre] or touching their feet, we are ready to do anything for the people of Delhi. We will not allow any work to stop in the city. We will ensure that the powers of the people of Delhi are given back to them. The country is celebrating its 75th year of independence fromBritish rule and here BJP led Centre government is snatching the rights of the citizens of Delhi,” he said.

The Union government introduced the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 in the Lok Sabha on Monday to amend the 1991 GNCT Act. The Bill says that “government” in Delhi will mean the L-G in the context of all legislation, and seeks to make it mandatory for the Delhi government to seek the prior opinion of the L-G before any executive action. It also says that the Delhi assembly cannot constitute any committees to look into the day-to-day and administrative issues.Since Delhi is a Union territory, its elected government does not have full control over the city-state. The Centre, through the L-G, controls subjects such as public order, land and police, and the L-G can also refer matters to the President in case of difference of opinion between him and the council of ministers. This unique duality of power has resulted in frequent tussles between the Delhi government and the Centre.

Kejriwal hit out at the BJP, saying the party should engage in “healthy competition” instead of trying to take over Delhi by “mischief”, and referred to the AAP’s success in the recent elections. “We won 67 of the 70 assembly seats in 2015, 62 seats in 2020 and in the recent MCD bypolls, the BJP got zero seats. People are clearly saying they do not want the BJP, they want the AAP. But the BJP is behaving like an angry child who runs away with the bat and the ball on losing a cricket match. The BJP is losing one election after the other, but they want to rule over Delhi by doing such mischief,” he said. “In other states, they buy MLAs from other parties, topple the incumbent government, and form a new one after losing elections. But in Delhi they are not able to buy our MLAs, so now they are bringing this bill to end the rule of the people of Delhi,” Kejriwal added.

Delhi BJP chief Adesh Gupta said it is the AAP which was disturbing the balance of power in Delhi by not giving the constitutional funds to the three municipal corporations since 2015. “The chief minister should tell why he even refused to talk to the three mayors who sat on dharna outside his house demanding municipal funds,” he said.

The CM, who is also the AAP’s national convener, contended that the proposed law would snatch the powers of the elected government and stall all the subsidies that are provided on power, water, and other amenities, along with development work in the city.

Hinting at intensifying the protest, Kejriwal reminded the people of the dharna which he had led at the L-G’s office in 2018, when he was seeking the clearance for the Delhi government’s CCTV project. On that occasion,the CM and his council of ministers did not leave the L-G’s house for nine days, until he gave his nod to the plan.

Kejriwal said that all files prior to the 2018 Supreme Court judgment were sent to the L-G, resulting in delays in the implementation of projects. “The SC verdict stated the elected government does not need to send all files to the L-G. But this proposed law will overturn all of that. The central government is bypassing the SC, the elected government and will of the people of Delhi,” he said. The SC in its July 2018 verdict made it clear that the L-G is “bound to act on aid and advice of the council of ministers” in all matters, except those relating to police, land, and law and order. It also stated that while it is necessary to apprise the L-G of all the decisions, it does not mean that his concurrence is required. Kejriwal contended that the bill was a way to stall a surging AAP.

“The entire country is talking about the good works being done but the Delhi government. The AAP is slowly winning seats in panchayat and municipal corporation elections in other states because of our Delhi model. Now people in Uttar Pradesh, Gujarat, Punjab, Himachal Pradesh and Haryana are also saying they want free electricity. I want to tell them [the BJP-ruled central government] that they should not stall the good works happening in Delhi. You show people your good work,” he said.

“Let there be a competition of good work. You won’t do any work but will only stop all the good things happening in Delhi. This is wrong. If you want votes, you should also work well. Now, if you make electricity free in Gujarat, AAP will not get a single seat,” Kejriwal said.

The Delhi BJP said that in all Union territories, including Jammu and Kashmir and Puducherry, the L-G has some extra constitutional rights despite each having their own assemblies. “The bill does not end the concept of legislative assembly. So, to say that the Delhi Government’s rights are being curtailed is wholly unjustified. Kejriwal needs to understand that democracy doesn’t just mean that you get your own demands fulfilled, it means working in coordination to ensure good governance. If Kejriwal tries to work like his predecessors from the BJP and the Congress who were CMs of Delhi and worked in constitutional coordination with the L-G, there is no reason why his decisions will be stalled,” Gupta said.

The Delhi Congress led by unit president Anil Kumar also staged a sit-in at Jantar Mantar against the bill. “We are protesting against the autocracy of the Centre and the murder of democracy in Delhi through this bill. Though the Congress does not have an MP or an MLA from Delhi, the party was the first to speak against the bill... (It) will make a mockery of the people’s power to elect a government and representatives of their choice.”

Former Lok Sabha secretary general Subhash Kashyap said the frequent friction between the Central and state government is not only disruptive, but also slows down the development story of Delhi. “Delhi has limited powers because of its nature as a UT. It was not necessary for the Centre to initiate such an amendment at such a junction when the Supreme Court has given a subject wise clarity on several issues. Maybe the central government is attempting to clarify the division of power further,” he said.