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L-G Refused to Agree Over Services, it Will Lead to Anarchy: Kejriwal After Meeting Baijal

Post the meeting, Baijal said he assured the CM of his cooperation in the interest of "good governance and overall development of Delhi".

Updated:July 6, 2018, 6:50 PM IST
New Delhi: Lt Governor Anil Baijal does not agree that control of the services department should be handed over to the Delhi government, Chief Minister Arvind Kejriwal said on Friday and added that it was the first time in India's history that the Central government had openly refused to obey the apex court's order.

Just two days ago, a five-member Constitution Bench ruled that the L-G was bound by the aid and advice of the Council of Ministers on all matters, except for three reserved subjects — land, police and public order. On May 21, 2015, the Union Ministry of Home Affairs added a fourth subject — services.

The L-G asserted that Home Ministry's 2015 notification that 'services' falls outside the purview of the Delhi Legislative Assembly continues to be valid.

"In the wake of the judgement of the learned Constitutional Bench of Supreme Court, the MHA has advised that as per concluding paras of judgement, the nine appeals including the one relating to Services' shall be taken up by the learned regular Bench and the MHA notification dated 21.05.2015 continue to be valid," said Baijal in a letter to Kejriwal.

The L-G’s refusal comes after Delhi CM Arvind Kejriwal met the former to resolve the differences. This was their first meeting post the SC verdict, which gave primacy to the democratically elected government.

“L-G said he referred the matter to the MHA and it has been communicated to him that services still fall with him because the 2015 notification has not been quashed. We said it has been automatically quashed after the SC verdict because Delhi Government has been given power in all subjects but three.

“He said he will follow the MHA but we said the SC verdict is applicable to all. This must be the first time the government has not followed SC orders. This will lead to chaos, anarchy. We are accepting the fact that in those three matters, they have power,” said Kejriwal post the meeting.

Earlier in the day, speaking about the meeting, Baijal, in a tweet, said he assured the CM of his cooperation in the interest of "good governance and overall development of Delhi".

Hours after the Supreme Court's landmark judgment, the government introduced a new system for transfer and postings of bureaucrats, making the Chief Minister the approving authority.

Kejriwal had also warned officers of "serious consequences" if they did not obey the apex court's order.

In his Facebook post, Union minister Arun Jaitley termed it a “presumption” by the Delhi government that the Apex court’s judgment had given it administrative powers over Union Territory (UT) cadre officers, a presumption, he said, was “wholly erroneous”.

The Court, Jaitley added, has “rightly observed that all the three institutions, the elected government, the L-G and the central government must work in harmony keeping the interest of the people and the national capital in mind.”

| Edited by: Ashutosh Tripathi
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