AAP claims SC order puts babus under government

NEWDELHI:THE Aam Aadmi Party government on Wednesday said the Supreme Court’s judgment on the power struggle in Delhi was in its favour with chief minister Arvind Kejriwal calling the verdict a “big victory” for Delhi residents and democracy.

Kejriwal, who was apprised about the details of the judgment by a battery of lawyers led by law minister Kailash Gahlot, blamed the Narendra Modi government for “illegally” withdrawing powers of the elected government.

“If the Modi government had not withdrawn the powers of the elected government through illegal orders, precious three years would have been saved. People of Delhi are grateful to the judiciary. Today’s order reinforces people’s faith in judiciary,” the chief minister said, while referring to a May 2015 notification issued by the ministry of home affairs, which said the transfer and posting of bureaucrats falls under the Lieutenant Governor’s jurisdiction.

A five-judge constitution bench, in an unanimous verdict, on Wednesday held that though Delhi cannot be accorded the status of a state, the LG has no independent decision making power and has to act on the aid and advice of the elected government.

Deputy CM Manish Sisodia said the services department, during the Congress rule, was under the CM and not the L-G. “I am thankful that the Supreme Court in its verdict returned control over the services department to the elected government,” he said.

“The SC order clearly states that the executive power of the council of ministers spans over all subjects in concurrent list, except for three excluded subjects, in the state list. These three subjects are police, public order and land. But, the Centre through the L-G misinterpreted these rules for political vendetta and introduced a fourth subject – services – through the 2015 notification,” Sisodia said.