Ugly Gamlin war: Is Kejriwal being high-handed and 'sexist' or is he just doing his job?

New Delhi: The ugly tug of war between Lieutenant Governor Najeeb Jung and the Delhi Chief Minister Arvind Kejriwal over the appointment of Shakuntala Gamlin as acting chief secretary has spawned a variety of interpretations. While some experts accuse Arvind Kejriwal of “deliberately” creating controversies one after another to “prove his worth,” others say that the Aam Aadmi Party (AAP) government is suffering from the “crisis of success." Political rivals, however, are accusing Kejriwal of sexism.

After Chief Secretary KK Sharma left for the United States on a personal visit, Jung asked Gamlin – currently the Power Secretary – to temporarily take his place. The move prompted Kejriwal, who claims that Gamlin has links with BSES discoms, to accuse the Lieutenant Governor of trying to take over the administration. He asked Jung in a strong-worded letter to work “within the confines” of the Constitution.

Hitting back, the Lieutenant Governor blamed the Chief Minister for “delaying the appointment of an acting chief secretary. He also revoked the transfer order of Services Department Principal Secretary Arindam Majumdar, who issued the appointment letter to Gamlin at Jung’s instructions, issued by the Chief Minister.

Kejriwal wanted Parimal Rai to be the acting chief secretary, but he declined to take the post. On Friday, Gamlin wrote to Jung alleging that she is being pressured by senior IAS officer Rajendra Kumar, secretary to the Delhi Chief Minister, to withdraw her candidature.

Is Kejriwal being a bully or victim?

AAP critics are less than impressed by the Delhi government’s stance.

“Mr Kejriwal is deliberately creating controversies one after another to prove his worth and he will keep doing this because he has the habit of [forcing his> authority on everyone. At the same time, he also wants to send a message that his choice is not respected and he is working in a very tough situation,” Professor Vivek Kumar, who teaches sociology at the Centre for the Study of Social Systems, Jawaharlal Nehru University, told Firstpost.

“If she (Gamlin) can serve the Delhi government as power secretary, why can’t she be appointed as the chief secretary? Why does the CM always want that all decisions should be taken on his whim and fancies? The Chief Ministers can only recommend names for the appointment of chief secretary, but only the lieutenant governor, being the administrator of the national capital, can take a final call. Why does he (Kejriwal) always expect that all his nominations should be accepted by the lieutenant governor?” he asks.

Others, however, are more sympathetic. Senior political commentator Neerja Chowdhury says the AAP government is “suffering from a crisis of success” and its leaders are “unable manage it properly” due to their “siege mentality”.

“A civil society resistance took the shape of a party, which registered an unprecedented victory. They are being hounded just because of their spectacular performance in the assembly elections. Had it been any mainstream party at its place, it would not have been harassed in such a way,” she told Firstpost.

If all Delhi-related decisions have to be taken by the Centre and the lieutenant governor, then what is the need to have a Chief Minister here, she asks.

Cautioning AAP’s opponents, she says, “Given Kejriwal’s proven records and the courage and undying attitude he has, it will be a mistake to consider that he can be eliminated.”

On the wrong side of the law

While Kejriwal has accused Jung of not following the law, constitutional experts unequivocally state that the Lieutenant Governor is empowered to make the appointment and revoke the Delhi government’s order.

“The Delhi CM must remember that he cannot bypass the lieutenant governor. As per the Section 239 AA of the Constitution and Government of National Capital Territory of Delhi Act 1991, the city is to be administered by the President through an administrator who is the lieutenant governor. He has overriding powers as well.”

“Therefore, the Lieutenant Governor has the power to appoint employees for the Delhi government. Although the Chief Minister suggests some names, but it is lieutenant governor’s prerogative to accept it or not because he is not bound to act on the aid and advice of the Chief Minister,” former Chief Justice of India VN Khare told Firstpost.

Former Lok Sabha and Delhi Assembly Secretary SK Sharma also echoed his opinion. Citing Transaction of Business Rules of the Delhi NCT Act, he said, “The lieutenant governor, being the administrator, cannot at all be ignored by the government.”

Talking about the present crisis, he said, “As per the Constitution, government employees are governed either by the state government or central government. Since Delhi is a union territory, the Centre has control over the appointments of the Delhi government employees. And therefore, the lieutenant government is the final authority.”

If the matter is not resolved at the state level, he added, “The matter may be escalated to the President.”

Advocate Naushad Ahmad Khan, additional standing council of Delhi government in the High Court, tried to defended government’s position, arguing that irrespective of the law, “CM’s choice should be given preference in appointment of senior bureaucrats because both of them need to have a good understanding for smooth functioning of the government”.

BJP makes it about gender

Opposition parties on Saturday lambasted the government for dealing with the issue with a “dictatorial attitude”. Making it an issue of gender discrimination, the Delhi BJP went on to allege that the AAP government is opposing the appointment of Gamblin because she is a woman.

City wing president Satish Upadhyay said in a press statement, “Mr Kejriwal may give 100 reasons of opposing the appointment of Mrs Shakuntla Gamblin as the acting chief secretary but the truth is that he is opposing her appointment because she is a woman. How can we expect a Chief Minister who did not include a single woman in his cabinet to accept a woman as chief secretary?” Accusing Kejriwal of having “no value for political ethics”, he said, “The way he is behaving on the issue of appointment of an acting Chief Secretary once again brings out his anarchist face as seen in the days preceding the Republic Day celebration of 2014.”

Congress leader and former Delhi Chief Minister Sheila Dixit said, “Kejriwal must follow the Constitution and instead of creating controversies, he should work for the fulfillment of his party’s pre-poll promises.”

Meanwhile, the AAP said such conflicts are inevitable when an opposing party rules a state, and accused the BJP of doing an end run around the electoral verdict.

“Since the BJP faced humiliating defeat at the hands of the AAP, it is now trying to capture power through the lieutenant governor,” AAP spokesperson Deepak Vajpayee told Firstpost. “It appears that rule book has been thrown in the dustbin. Article 239 AA (4) clearly states that the Chief Minister and his council of ministers will aid and advise the lieutenant governor, who cannot take any decision without consulting them on subjects on which Delhi Assembly can pass legislations."

The battle over Gamblin may just be the first of many such battles, Kumar predicts, in all issues where powers of the Centre collide with the wishes of the Delhi government. “Since Kejriwal believes in ‘my way or no way’, such tug of wars bound to take place,” he added.

Will this constant bickering making headlines, AAP runs the risk of appearing as a government less interested in governing than in fighting. It is probably why AAP spokesman Vajpayee has been careful to play down the fight over Gamblin, telling Firstpost, “We assure the people of Delhi that such controversies will have no impact on our development agenda. Our efforts to fulfil pre-poll promises are on.”