AAP Government's First Order After Top Court Victory Rejected: 10 Points

Delhi Anil Baijal and Delhi chief minister Arvind Kejriwal

Delhi Anil Baijal and Delhi chief minister Arvind Kejriwal

Deputy chief minister Manish Sisodia said the government already issued orders that only the chief minister, deputy CM and other ministers could carry out transfer and posting of officers and all other employees.

On 2 November, the bench, also comprising Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan, observed that the AAP-led state government would need the L-G's nod to function. All others are under the domain of the Delhi Govt. The court said real power must lie with the elected government. The LG can only refer it to President if he has a difference of opinion but he cannot sit on it, the top court said. The lieutenant governor, who is appointed by the President, can not be "obstructionist", it said.

"A big victory for the people of Delhi. a big victory for democracy", Chief Minister Arvind Kejriwal said in a tweet soon after the judgement was out. The AAP government appealed this decision in the apex court.

The Supreme Court upheld the powers of Chief Minister of Delhi, Arvind Kejriwal, on Wednesday in a win for his political party embroiled in a protracted fight with Prime Minister Narendra Modi's government that has compounded the capital city's problems.

The Supreme Court said that except for three issues-police, law and order, and land-the Delhi government has the power to legislate and govern on other issues.

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#11:00 AM: LG can't delay Delhi govt decisions: "If legitimate decisions of the legislature are delayed by L-G, collective responsibility of govt stands negated".

Without powers over land, public order and police, the much-hailed AAP victory is just noise or at best a virtual victory that doesn't change anything on the ground. At the heart of this conflict between the Centre and Delhi government are Article 239AA of the Constitution, the Government of National Capital Territory of Delhi Act, 1991 (GNCT Act), the rules formulated under this Act (Transaction of Business Rules), and the relevant judgements. "As per Article 239AA of the Constitution, Delhi is not a state, it is a Union territory", Dikshit said. It is a Union territory designated as the National Capital Territory of Delhi, with its own legislative assembly and council of ministers.

More than a year later in August 2016, the High Court had ruled on the matter in favour of the L-G, saying the Constitution mandated that the governor is the administrative head of Delhi and enjoys wide-ranging discretionary powers. From persons holding high office, he said, it is expected that they shall conduct themselves in faithful discharge of their duties so as to ensure smooth running of administration so that the rights of all can be protected.

When asked about BJP leader Subramanian Swamy's remark that nothing essentially changes with the SC verdict, the AAP's Karnataka chief said, "BJP are scared".

The power tussle between the Delhi government and the Lieutenant Governor has been on since the formation of the AAP government in the state.

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