The unending AAP saga - Why even the SC can't break the Delhi govt-LG impasse
The July 4 judgment of the Supreme Court has failed to resolve the ongoing tussle between the Arvind Kejriwal-led AAP government and the LG in Delhi.
The five-judge constitutional bench of the Supreme Court had ruled that the Lt Governor has no “independent decision-making power” beyond land, police and public order, and has to act on the aid and advice of the elected government, which has the real power.
The top court observed, “The cabinet must convey all decisions to the Lieutenant Governor but his concurrence is not required in all matters.” The court also said the LG must not be “obstructionist” and “should not act in a mechanical manner” and “stall decisions of the Delhi cabinet”.
Within hours of the SC verdict, Deputy Chief Minister Manish Sisodia issued an order authorising the CM to transfers IAS, DANICS (Delhi, Andaman and Nicobar Islands Civil Service), all-India services officers, equivalent officers of the central civil services and provincial civil services. Such orders were earlier being approved by the L-G.
But the order issued by Sisodia was returned by bureaucrats in the evening - on grounds that it was legally untenable.
The Supreme Court, they contended, had not cancelled the government order that brought services under the control of the Lieutenant Governor.
Long-standing flashpoint
Transfer and appointments of officers has been a bone of contention between the Kejriwal government in Delhi and the LG since 2015.
The issue arose with the passing of a notification by the Ministry of Home Affairs (MHA) on May 21, 2015, which replaced a 1998 notification on the powers of the LG and the Delhi government.
The 1998 notification said that in matters of public order, police and services, the LG of Delhi would consult the chief minister, and if there were no consultations, the reasons for that would be recorded.
However, the 2015 notification said that in police and other service matters, the LG could make decisions independently.
Besides the constant friction with the LG, the central rule bringing “services” under the Governor's jurisdiction also led to a face-off between the Delhi government and the officials.
Political tussle continues
While AAP has termed the SC judgment a vindication of its charge that the Delhi government was being victimised by the LG at the behest of the Narendra Modi led-Centre, the BJP countered it by saying that the court has basically maintained status quo.
Union Finance Minister Arun Jaitley deciphered the judgment on his blog. He wrote: “It does not add to the powers of the State Government or the Central Government nor does it in any way dilute the same. It emphasises at the importance of elected State Government, but Delhi being a Union Territory makes its powers subservient to the Central Government...any presumption that the administration of the UT cadre of services has been decided in favour of the Delhi Government would be wholly erroneous.”
Senior AAP leader Ashutosh rebutted Jaitley’s claims and called him a “constitutional anarchist” who has “no faith” in the Constitution.
The Congress party, having suffered electorally at the hands of AAP in the 2015 Delhi Assembly elections where it failed to win a single seat in the 70 member Legislative Assembly, has blamed the Kejriwal government for the conflict with the LG, calling AAP's charges against the Governor a “drama”.
Former Delhi CM Sheila Dikshit, asked for her comments after the SC verdict, said there was no conflict with the L-G when she was in power from 1998 to 2013 "because the constitution clearly defines the roles of the chief minister, ministers and the L-G". Waxing eloquent about her performance and the co-operative understanding her government had had with the-then LGs, the former CM completely glossed over the fact that her government had more powers than the current AAP government.
The arrogant and dismissive stand of the Congress towards the AAP has not helped the party's cause, either in Delhi or among other Opposition parties. With AAP’s image of being pro-poor and middle class, Congress’ constant targeting of the "common person's party" is not expected to go down well with voters.
The party has lost an opportunity to prove that it can rise above regional differences to take on a common political opponent. A trait that would be key, if the Opposition parties plan to take on the BJP together in 2019.
The ruling BJP has not fared much better from this long-standing friction.
While AAP has successfully played the victim card, the frequent run-ins have further added to Kejriwal's image of standing up to the all-powerful Modi-Shah duo.
What it means for AAP
With less than a year to go for the 2019 Lok Sabha elections, Kejriwal knows he will finally have to deliver on his poll promises.
Having played the victim card until now, the AAP government is not left with any excuses for non-delivery.
On July 6, Kejriwal approved the AAP government’s scheme to enable doorstep delivery of rations, and directed the food department to implement it immediately.
The party hopes it still has enough time to implement some of its long-standing promises, such as door-to-door delivery of services and installation of CCTV cameras, targeted at its vote bank.
On the other hand, Kejriwal also understands that the manner in which his government has consistently taken on the Narendra Modi-led Centre has increased his stature among other regional parties. Already on good terms with regional leaders like West Bengal CM Mamata Banerjee, his tussle with the LG brought him much-needed support from other leaders like Kerala CM Pinarayi Vijayan, Andhra CM N Chandrababu Naidu and Karnataka chief minister HD Kumaraswamy.
The latest SC judgment has further added to Kejriwal's political heft.
Having fared poorly in the 2017 Punjab Assembly elections, and seeing the BJP's sweep in the Uttar Pradesh Assembly elections, Kejriwal decided to lay low for a while. It was only after the recent electoral setbacks that the BJP suffered at the hands of the United Opposition in the Karnataka Assembly elections and the recently concluded UP by-polls — the party had earlier also lost the Gorakhpur and Phulpur parliamentary constituencies — that the Delhi CM chose to renew his attacks.
While earlier, the party was dismissed as a “one election wonder” that swept to power riding on anti-Congress sentiment, the recent development has proved to his opponents that Kejriwal can take on the most powerful political party in the country, fight undaunted and walk away a winner.
With the United Opposition already geared up to present a joint fight against the electoral might of Modi and Amit Shah, Kejriwal will now have more bargaining power while entering into alliances with other regional outfits in the upcoming Assembly elections in Rajasthan and Madhya Pradesh later this year.
The Delhi CM knows that to stand out among the veteran regional leaders, he will have to keep targeting Modi. And the easiest way to do it is to take on the centre appointed LG. This will not only reinforce his image among his constituents but will also keep him in the limelight, something that is vital to AAP's strategy as the party prepares to negotiate with Opposition parties for its role in the Grand Alliance.
The ruling BJP would be hoping the Delhi government remains occupied in the ongoing bureaucratic standoff, reinforcing the charge that Kejriwal is only looking for a confrontation with the Centre to pass the buck for his governments failures.
With elections less than a year away, the tussle between the AAP and the LG is unlikely to end anytime soon.