Centre vs Delhi govt: Arvind Kejriwal fails to discern fine print of SC verdict, chooses conflict over conciliation

A Social Media tweet by two of the top AAP leaders Manish Sisodia and Saurabh Bharadwaj just in minutes’ news spread upon like forest fire after the verdict being indicated the Kejriwal government had begun searching for fresh avenues of conflict rather than working out a more conciliatory pat-*8h of coordination.

The ACB, being staffed by Delhi Police personnel, headed any an Additional Commissioner of Police-rank officer, has the power to register FIRs, investigate, arrest and prosecute. Further reasons for conflict over control of ACB and why Kejriwal government can’t have it will be analyzed a bit later.

Union minister Arun Jaitley, has closely studied constitutional provisions and law. He wrote in his blog relating that “The Supreme Court has held categorically that Delhi cannot compare itself at par with other states and, therefore, any presumption that the administration of the UT cadre of services has been decided in favor of the Delhi government would be wholly erroneous”.

Deputy Chief Minister, Sisodia said that “elected government would now be free to do transfer and postings of officials” and files would not be sent to Lieutenant Governor Anil Baijal. Bharadwaj, the party spokesman, eagerly expressed the party and government’s wish for the Anti-Corruption Branch (ACB) to be brought under control of Kejriwal government.

Kejriwal along with his colleagues clearly have other ideas for solving the issue. Until then, Delhi would look for a stalemate between Kejriwal and L-G-bureaucracy. As for the restriction and control ACB, Jaitley’s argument is logical when he said, “If Delhi has no police powers, it cannot set up the investigative agency to investigate crimes as had been done in the past”.

“Services” is listed in state list but as per the interpretations of Union home ministry since Delhi is not a state but a UT, a power to command services is not vested with city government. SC ruling also said Delhi is a UT. Kejriwal, however, chose a confrontationist path and the results are there for everyone to see: Making the people of Delhi suffer.

by Sawan Kumar on July 7, 2018

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