The Asian Age

MHA advice to L- G misleading, says AAP

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New Delhi, July 8: The Aam Aadmi Party on Sunday said the Centre’s advice to Delhi lieutenant governor on the issue of services — transfers and postings of bureaucrat­s — was “highly misleading” and aimed at delaying the Supreme Court’s verdict on power tussle between the two constituti­onal functionar­ies.

The ministry of home affairs ( MHA) had advised L— G Anil Baijal not to take a final view on the matters related to the services as the apex court’s decision on the issue was still pending.

Countering the MHA’s stand, the AAP, however, issued a statement saying that the Centre and the L— G are “trying to delay the smooth functionin­g of the elected government” in Delhi.

The party also said the MHA’s views on the landmark ruling was aimed at subverting the rule of law.

“The MHA views on the landmark five- judge Constituti­on Bench judgement of the Supreme Court of India are highly misleading and are aimed at subverting the rule of law.

“The MHA advice to the lieutenant- governor of Delhi which, the ministry said, is based on the Union Law Ministry’s advice, is a clear attempt to spread deliberate misinforma­tion with the intention of delaying implementa­tion of the landmark Supreme Court verdict,” the party said in its statement.

It claimed the MHA was now trying to divert attention

from the issue. While the party claimed that the apex court has “reversed” the May 21, 2015 notificati­on by which the MHA was made the authority for transfers and postings of bureaucrat­s in Delhi, the Centre has taken the stand that matter of services was still pending in the Supreme Court.

The apex court in its July 4 judgement had ruled that the LG has no independen­t power to take decisions and is bound by the elected government’s advice. The court had said barring the three issues of public order, police and land, the Delhi government has the power to legislate and govern on other issues.

The judgement, however, made it clear that Delhi cannot be accorded the status of a state under the constituti­onal scheme.

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