ATISHI MARLENA

Member, Political Affairs Committee, AAP

Q.

How would you describe the rationale for this legislation?

In the Delhi [elections], the BJP hasn’t been able to move beyond single digits. There is an extremely popular government that is in power here. The BJP has not been able to beat the AAP in an electoral battle, [so they have passed this law] to wrest power.

Q.

What is the consequence of this legislation? The fact is that the bill is unconstitutional. The fact that the Delhi government draws its authority from Article 239 of the Constitution has been a subject of much controversy. The matter [was referred] to a fivemember constitutional bench [which] ruled that apart from land, law & order and police, all other powers lie with the elected government of Delhi. The SC has clarified these matters. There are only three reserve subjects— land, law & order and police. The only power the LG has [on non-reserve subjects] is to refer the decisions to the President. This is what the constitutional bench of the SC said. The government’s bill goes against the judgment of the constitutional bench and says that every executive decision of the Delhi government has to be ratified by the LG. The Parliament does not have the power to change the constitutional mandate given to the elected government of Delhi.

Now, the Delhi government will not have power over anything— the LG can stall everything. [Because of this problem], there were two or three years when governance had come to a standstill. [Take the issue of ] CCTV cameras. Three years ago, 20 of our MLAs went and sat at the LG’s office, because the decision [on putting up CCTV cameras in Delhi] had been lying with the LG for months. On doorstep delivery of services, we passed a decision [to implement it] and the LG returned it saying ‘I don’t think doorstep delivery is a good idea, it will increase traffic and pollution’. The Delhi government has lost its power.

Q.

What do you plan to do now?

Now we will take this issue up on the streets of Delhi, in the court of law, on all possible forums. This is an attack on the democratic and federal character of the country. ■