Centre creating channel to rule Delhi, says Sisodia

NEW DELHI: Delhi’s Deputy chief minister Manish Sisodia on Thursday attacked the Central government for “stealthily” approving a proposal to amend the Government of National Capital Territory of Delhi Act, which he claimed would give more powers to the lieutenant governor (L-G), undermining the city-state’s elected government.

Addressing a digital press conference, Sisodia said the Union cabinet approved the proposal on Wednesday in an attempt to “snatch powers” from the elected chief minister and the Delhi cabinet and strengthen the authority of the L-G, who reports to the Centre. The Bill will now be tabled in the ongoing Budget session of Parliament, he said.

The Centre’s move could lead to fresh friction between the office of the L-G and the Arvind Kejriwal-led Aam Aadmi Party (AAP) government which have squared off several times in the past six years over the extent of each other’s powers. The battle of primacy ended up in the Supreme Court, where it is still pending.

“The Union cabinet has stealthily approved amendments to give so much power to the L-G that he can now stall any project or work initiated by the elected government in the Union territory. As per the Centre’s proposal, the final decision-making power will lie with the L-G and not the elected government,” Sisodia said.

The L-G’S office did not comment on the matter.

Specifically, the proposed law will clearly spell out the functions of the council of ministers and the L-G by giving more discretionary powers to the L-G. The proposed amendments suggest that the L-G could act in his discretion in any matter that is beyond the purview of the powers of the Legislative Assembly of Delhi in matters related to the All India (Civil) Services and the Anti Corruption Branch.

If the legislation is passed, all the incentives offered to the people of Delhi by the AAP government would be taken away by the Bharatiya Janata Party (Bjp)-led Central government, Sisodia warned. Under the current arrangement, following an order by the Supreme Court on July 4, 2018, the L-G is in charge of police, land, and public order, and the state government, the rest.

The proposed law is “nothing but a backdoor channel being created by the Bjp-led Central government to directly rule over Delhi. If this happens, then all the freebies and subsidies given by the AAP government will be snatched away from the people of Delhi. The Bjp-led Centre will revoke our free power, water and bus rides for women schemes. It will also revoke the free treatment in Delhi government hospitals which every resident of the city is entitled to,” Sisodia said.

He added that giving such powers to the L-G means empowering the Centre to rule directly over Delhi. Because Delhi is a Union territory, the L-G is appointed by the Union ministry of home affairs.

“The Centre’s attempt to reduce the powers of an elected government is not just against democracy but it is also against our Constitution. The Constitution of India clearly states that barring three subjects - police, land and public order - all other subjects and works will be under the direct control of the elected government, which currently is that of Arvind Kejriwal’s Aam Aadmi Party,” he said.

Sisodia said that in 2015, the Central government misinterpreted the Constitution to claim that the L-G would run the Delhi government. When AAP challenged the interpretation in the Supreme Court, a constitution bench clarified that the elected government had the right to take decisions on all subjects except matters related to the police, land and public order, with the L-G only having to be kept informed about the Delhi government’s day-to-day decisions, Sisodia said. The court is yet to rule on who has control over the subject of services, which deals with transfers, postings and annual performance reviews of bureaucrats.

“Now that it has no way out, the Central government is now keeping aside and overlooking the Constitution and the observations of the SC to directly rule over Delhi,” the deputy chief minister said.

The L-G’S office did not comment on the matter.

Constitutional expert Subhash Kashyap said all union territories are administered by the Central government through the L-G.

“Delhi has very limited powers because of its nature as a union territory. It is something the Delhi government has to compromise with. The President administers it through the L-G and hence the assembly has very limited powers. But, it is true that it was unnecessary for the Centre to initiate such an amendment at such a junction when the Supreme Court has given a subject wise clarity on several issues. Maybe the central government is attempting to clarify the division of power further,” he said.

The Delhi BJP said the Centre’s decision to amend the Govt Of NCT of Delhi Act is an important step to ensure proper governance in the national capital.

Delhi BJP spokesperson Praveen Shankar Kapoor said repeated instances of conflict between the Arvind Kejriwal government and the L-G in the past six years have put the “prestige of the national capital and people’s lives and welfare at stake”.

“The latest move by the Delhi government to withdraw DTC buses from police duty is a glaring example of how Delhi’s law and order and other serious administrative powers cannot be left to the state government. Steps being taken by Centre are important to maintain law and order and administrative control in the national capital,” he said.

Delhi Congress chief Anil Chaudhary said when the Congress was in power at the Centre, the focus was strengthening the state governments. “But the current BJP government is creating a dictator-like regime and weak state governments are unable to oppose it.”

As per the Centre’s proposal, the final decision-making power will lie with the L-G and not the elected government.

Delhi’s deputy CM