
The Supreme Court on Wednesday handed a visible victory to Delhi Chief Minister Arvind Kejriwal who has been locked in a bitter power tussle with Delhi Lieutenant Governor Anil Baijal. The Supreme Court bench, headed by Chief Justice of India (CJI) Dipak Misra ruled that the L-G has no independent power to make decisions and is bound by the elected government's advice. While the Aam Aadmi Party (AAP) hailed the verdict as 'historic', BJP's Sambit Patra called it a blow to Kejriwal saying that the SC has underlined that police and law and order are under the control of the L-G's office.
"A big victory for the people of Delhi... a big victory for democracy..." Kejriwal tweeted. "Mr Kejriwal should contemplate governance instead of publicity stunts," said Patra. He added that the decision is a big blow to the Arvind Kejriwal government in Delhi as the SC has categorically said that police and law and order are under the office of the L-G. Deputy Chief Minister Manish Sisodia said, "On behalf of the people of Delhi, I want to thank the Supreme Court and the judges for this historic decision. They have pronounced that the people of Delhi are supreme."
Delhi Congress chief Ajay Maken said, "Since the apex court has clarified about the powers in Delhi, we hope that the development, which has been stalled ever since the Congress was voted out of power over four years ago, will start again." "LG must respect Delhi cabinet decisions, but if any anti-national security or anti-constitutional decision is taken, which they are capable of taking, as they are Naxalite type people, then LG can oppose," Subramanian Swamy, BJP MP said.
While delivering the verdict, the SC made some critical observations and asked both the parties to work collectively towards the development of the national capital. Balance has to be struck with the special status of the NCT of Delhi. 'Lt Governor cannot refer all matters to the President.' "Power of the LG to disagree is recognised but LG has to give reasons. Cannot be obstructionist," the bench said.
"Special constitutional provisions for Delhi recognise that Delhi is of national importance. The difference of opinion between LG and govt must be substantive. LG must bear in mind that it is not he but the elected cabinet that takes the decisions. Union of India can make laws on issues that implicate vital interest of the country," the SC observed.
The SC verdict comes on the backdrop of a prolonged battle between the AAP and the office of Delhi L-G that has been at the epicenter of a political impasse in Delhi. Most recently, Kejriwal, Sisodia and AAP ministers sat on a nine-day dharna at Raj Niwas, the office-cum-residence of the L-G, demanding directive from Baijal asking the bureaucracy to end their undeclared strike.