New Delhi, July 5: Union Minister Arun Jaitley on Thursday said the Supreme Court's verdict in the row involving the Aam Aadmi Party-led state government and Lieutenant Governor Anil Baijal maintains status quo in Delhi.
In a Facebook blog, the BJP veteran said it would be "erroneous" for the AAP to claim victory after the top court's judgement. The court, he pointed, categorically states that Delhi cannot be treated at par with other states as it remains a union territory which houses the central government.
Under the present constitutional scheme, Jaitley added, the LG cannot act as a the Governor of any other state, but has to effectively discharge the duty of an administrator.
“It has been specifically held by the Supreme Court that it is crystal clear that by no stretch of imagination, NCT of Delhi can be accorded the status of a state under the present constitutional scheme and the status of the Lieutenant Governor of Delhi is not that of a Governor of a State, rather he remains an administrator, in a limited sense, working with the designation of Lieutenant Governor,” Jaitley said.
The Minister, however, conceded that the court gives due importance to the "opinion of elected government of the state". But in contentious matters, the decision of the Centre is bound to be "over-riding".
The apex court in its order had said the LG reserves the right to refer matters in which he disagrees with the Delhi Cabinet Ministers to the President.
Jaitley said the President in this case refers to the central government. "The decision of the central government will be binding both on the Lieutenant Governor and the elected state government. Thus, hereto the opinion of the Centre is over-riding,” he added.
The five-judge constitution bench had, however, stated that "not all matters could be referred by the LG to the President".
Hours after the court ruling, the first governance logjam was reported last night when the Delhi Services Department refused to accept the order issued by the AAP government transferring the right to transfer bureaucrats to Chief Minister Arvind Kejriwal.
Under the current set-up, the right is reserved by the heads of departments, Chief Secretary and the Lieutenant Governor.
Delhi's Deputy CM Manish Sisodia said this "amounts to contempt of court". He appealed the BJP-led Centre to "show remorse" and allow the elected government to discharge its duty.
(The above story first appeared on LatestLY on Jul 05, 2018 04:17 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).