MHA to study SC verdict; Delhi as UT subservient to Centre, says Jaitley

NEW DELHI: The Union Home Ministry's research team would go through the whole judgment of the Supreme Court and then the matter will be discussed with the Home Secretary and Home Minister Rajnath Singh, said the sources in the Home Ministry. Thereafter, the government will take any decision with respect to the judgment. Meanwhile, Union Minister Arun Jaitley said that the Supreme Court verdict has made it clear that the Delhi government has no police powers and, hence, it cannot set up an investigating agency to probe crimes committed in the past.

“Home Minister Rajnath Singh and Secretary are now busy with the Kashmir issue but our research team is going through the 535-page judgment of the Supreme Court. After a detailed study only, we can take any decision and communicate the same with the state government,” sources in the MHA said.

Finance Minister Arun Jaitley said that the Supreme Court judgement on the Aam Aadmi Party Vs Delhi Lieutenant-governor is nothing more than a reaffirmation of Constitutional powers of a state and the Centre. But Delhi's status as a union territory makes its powers subservient to the Union government. The July 4 judgement “elaborates at length the constitutional philosophy behind the Constitution”, thus effectively neither adds to nor dilutes the powers of the Arvind Kejriwal administration or the central government, he noted in a Facebook post. “I hope those who want to contribute to the public debate would read the judgement before commenting on it.” To Jaitley, the Supreme Court has “categorically ruled” that the power in relation to the police, public order and land shall vest exclusively in the Centre, which the LG would exercise, giving the state government no role in the three jurisdictions. Also, though the Delhi government would exercise the powers mentioned in the State and the Concurrent lists, the Centre shall also have the legislative power on all the subjects in relation to NCT Delhi.

Lashing out at the statement, AAP leaders said that it is surprising that Jaitley, a senior advocate himself, has chosen to comment on issues which were not there before the Supreme Court for adjudication and has remained silent on how the Supreme Court has rightfully clipped the wings of BJP'S appointee, the Delhi LG. The AAP asked, “Can you deny that the Central Government argued in the Supreme Court that aid and advice of Delhi cabinet are not binding on the LG?”