The confrontation between the AAP regime and the Centre over who calls the shots in the national capital is far from over despite the Supreme Court's order delineating the powers and jurisdiction of the Lt Governor of Delhi and the elected government. A contrasting reading of the judgment has resulted in the two locking horns over who has control over the matter of appointment and transfer of officials.
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According to the Delhi government, the Supreme Court judgment states clearly that the Lt Governor can act independently only on three subjects—law and order, police and land. According to Arvind Kejriwal dispensation, this would mean that the LG, who is the Centre's representative in the national capital, cannot take any decision with regard to any other issue, which includes the services department.
Within hours of the court order on Wednesday, Deputy Chief Minister Manish Sisodia had issued instructions to the services department saying all decisions pertaining to appointments and transfers of officials in the Delhi government will now be taken by his government, and not the Lt Governor.
However, the officialdom has responded to Sisodia's directive stating that the May 2015 notification of the ministry of home affairs, which specified that decisions with regard to services was the sole prerogative of the LG, has not been set aside by the court and hence the services department is still bound by it.
Union minister Arun Jaitley, in a blog on the Supreme Court's order, cautioned Delhi government against presuming powers which have not been specified in the judgment as belonging to it. “...unless issues of importance are flagged, discussed and a specific opinion is rendered, none can assume that silence implies an opinion in favour of one or the other,” Jaitley wrote.
He said the Supreme Court has held categorically that Delhi cannot compare itself with other states and therefore any presumption that the administration of the UT cadre of services has been decided in favour of the Delhi government would be wholly erroneous.
Interpreting the order in a totally opposite manner, Sisodia told reporters that if the Lt Governor, following the court's order, signs on any file pertaining to services, it would amount to contempt of court. “There is no scope of the services department, after the court's order, being in the ambit of the Central government. If officers argue that the MHA notification has not been quashed, they are committing contempt of court,” he said.
AAP leader Atishi Marlena said the Delhi government will go to court if the officers refuse to obey the instructions issued by Sisodia with regard to appointments and transfers. “We appeal to officers of Delhi government to accept the order of the Supreme Court. If the officers do not obey the order, Delhi government will go to court over contempt of court by them,” Marlena said.