Kejriwal says LG’s powers limited, tussle halting development works

A Raj Niwas official said that all statements attributed by the CM to the LG after the meeting about the orders of the Supreme Court, powers as administrator, supremacy over subjects, and directions to officers were misleading, patently false and fabricated and twisted to suit a particular agenda

Delhi chief minister Arvind Kejriwal and lieutenant govenor (LG) VK Saxena resumed their weekly meetings after more than two months on Friday but the event sparked a bitter political exchange, indicating that the power tussle between the two authorities that govern the Capital was only getting deeper.

The Delhi chief minister held a press conference where he alleged that LG VK Saxena had told him that irrespective of judgments of the Supreme Court -- which in 2018 said that only the subjects of land, services and police rest with the LG -- all the work in Delhi could be done by the ‘administrator’. (ANI)

After the meeting, Kejriwal held a press conference where he alleged that Saxena had told him that irrespective of judgments of the Supreme Court -- which in 2018 said that only the subjects of land, services and police rest with the LG -- all the work in Delhi could be done by the “administrator”. Hours later, a Raj Niwas official said that the CM’s statements were misleading and twisted to suit a particular agenda, and denied that Saxena had ever made such a remark.

Kejriwal, addressing the media, said several of Saxena’s orders were “illegal and unconstitutional” in light of the Supreme Court judgemnt on the division of powers in Delhi.

”Delhi LG has been interfering in the government’s work that is causing inconvenience to people of Delhi. My intention was to sort out the issues in light of these laws and judgments. Broadly, there are two kinds of subjects in Delhi – reserved subjects that include police, land, and public order on which LG can only take decisions, and transferred subjects such as health, education, roads and all other matters. All these other subjects come under the Delhi government. On July 4, 2018, the Constitution bench of the Supreme Court passed a judgement that said the LG has not been entrusted with any independent decision making power in terms of transferred subjects,” he said.

Kejriwal said that there was “no independent authority vested in the LG to take decisions (except three reserved subjects)” but added that the LG differed with his opinion throughout the meeting. “LG’s understanding is that all the works irrespective of these judgements can be done by the administrator,” Kejriwal said.

Hours later, the LG’s office rejected this characterisation.

A Raj Niwas official said that all statements attributed by the CM to the LG after the meeting about the orders of the Supreme Court, powers as administrator, supremacy over subjects, and directions to officers were misleading, patently false and fabricated and twisted to suit a particular agenda.

“These statements are categorically denied. CM will also be well advised to function in accordance with the provisions of the constitution, parliamentary acts and supreme court’s judgments and refrain from running down an existing law just because it has been challenged in the court of law,” the official added.

The official said the LG flagged matters related to roads and flyovers, worsening condition of the Yamuna and air pollution, the continuation of Satyender Jain as minister despite facing serious charges, the state of hospitals, encroachment on floodplains, and corruption . “LG also gave a brief to the CM on the issued raised by him in his recent letters,” the official added.

The war of words came amid simmering tensions between the elected government and the LG over control of Delhi. At the heart of the dispute are the 2021 amendments to the Government of the National Capital Territory of Delhi Act which said that the “government” in Delhi refers to the “Lieutenant Governor” and the city government will have to seek the opinion of the LG before any executive action. The ruling Aam Aadmi Party says that the law has allowed the LG to usurp the authority of the elected government but the LG argues that he is only pushing for governance concerns and fighting corruption.

The CM and the LG have had several run-ins since May 26, 2022, when Saxena took over. The latest flare up was over the appointment of nominated members and a presiding officer to the Municipal Corporation of Delhi, a dispute that stalled the election of the mayor and triggered an exchange of blows in the municipal House.

Kejriwal said on Friday that the government was operating smoothly between 2018 and 2021 when files were not sent to the LG’s office in light of the July 4, 2018 Supreme Court judgment.

According to the CM, Saxena told him that the Constitution says he is the administrator of Delhi and is empowered to function on any subjects. “LG has told me that if he thinks that Delhi government is wrong on any matter, he can issue orders to any officer on any subject. If such a precedent is followed in case of the President, can the President say that I am not happy with the work of the Prime Minister and issue orders independently? LG told me that the situation in Delhi is different and he does not agree with the opinion,” Kejriwal said.

The CM alleged that over the last three months, officials in Delhi stopped payments for key schemes at the behest of the LG office. “From funds not being provided for Delhi Jal Board projects, bills related to mohalla clinics, salaries of bus marshals and hospital staff to pensions of Delhi Transport Corporation employees, funds are being stopped and we are being told by the officers that these directions are indirectly coming from LG office. LG denied this when it was brought up in the meeting,” he added.

Kejriwal also said that LG should keep a good constitutional advisor to advise him on these matter.

Delhi government approached the top court challenging a May 2015 notification issued by Centre that declared that the Delhi government will have no legislative power over “services” under Entry 41 of List 2 (State List) and the matter is currently being heard by the apex court. “We have also challenged the 2021 amendment of GNCTD act and the SC should take it up after services matter is settled. We are hopeful that a solution will be found after SC judgement. Meanwhile, we will continue to raise voices on streets and other platforms,” Kejriwal said.

Delhi BJP working president Virendra Sachdeva has said that CM Arvind Kejriwal is a master of melodrama and after his meeting with LG he again showed melodramatic oratory skills. “People of Delhi very well know that Delhi is a union territory state where the LG is the administrator and his opinion is binding even in the transfer subjects. In subjects where the Delhi Government is allowed to take decisions they have to approved by the lg and in case he is not satisfied then Government has to review it and if even after review the Lt. Governor is unsatisfied he has powers to refer the matter to the President of India,” he added.