‘Will follow MHA notification on Services till SC clarifies’
NEW DELHI: Lieutenant Governor Anil Baijal on Friday clarified that as suggested by the Ministry of Home Affairs (MHA) he would follow its 2015 notification on the Services Department of the Delhi government.
The LG noted that the Supreme Court, in its judgment on Thursday, has laid down the underlying principles to be followed by the constitutional functionaries while taking decisions.
The apex court held that “the National Capital Territory of Delhi does not have the status of a ‘State’ under the present constitutional scheme”, and also emphasised that under the Constitution, “there is no room for absolutism and no space for anarchy.”
A statement from the LG house on Friday noted, “LG Anil Baijal stated that while the entire judgement and its implications are still being studied, it may kindly be noted that in the concluding paras, Hon’ble Court while answering the reference, has directed to place the matters before the appropriate regular Bench. Therefore, further clarity will be achieved when the appeals pending before the Regular Bench is finally disposed of.”
The statement further noted that the LG observed that so far as the proposals or matters within the legislative competence of the Legislative Assembly of Delhi are concerned, the Supreme Court has laid down that the concurrence of LG is not required on the decisions of Council of Ministers, but at the same time the LG shall be kept informed.
“The said communication is imperative so as to keep the LG apprised in order to enable him to exercise the power conferred under Article 239AA (4) and the proviso thereof,” it stated.
“Finally, in conclusion, the LG invited the CM’S kind attention to para-249 of the judgement, wherein the Supreme Court has observed that the set up in the NCT of Delhi is one where the Council of Ministers headed by the Chief Minister on one hand and the LG on the other are a team, a pair on a bicycle built for two with the President as its rider who retains the general control,” the statement concluded.
Baijal’s statement came after Chief Minister Arvind Kejriwal claimed earlier in the day on Twitter that the LG had refused to give control of the Services Department to the city government.
In a letter to Kejriwal, Baijal pointed to the 2015 MHA notification issuing “Presidential directions” under Article 239 and 239AA of the Constitution.