Arvind Kejriwal calls SC verdict on power tussle with Delhi L-G 'big victory'; landmark decision, says Manish Sisodia

The Supreme Court on Wednesday gave more power to the elected government in Delhi and limited the role of the Lieutenant Governor (L-G). Reading out their judgment, a five-judge bench in a majority order said that the state and Union must be healthy, the two must collaborate and take decisions in consonance of the Constitution. He added that the L-G has to consult the Council of Ministers and cannot act independently unless written in the Constitution. He reiterated that the L-G holds different powers from Governors of other states. [caption id=“attachment_4663971” align=“alignleft” width=“380”] File image of Arvind Kejriwal and Anil Baijal. PTI[/caption] In a majority of three judges — Chief Justice of India Dipak Misra, AK Sikri and AM Khanwilkar, the bench noted that the L-G can’t interfere with every decision of the elected government. The L-G must work harmoniously with the state, the L-G and council of ministers have to be constantly aligned, noted the Supreme Court. Here are a few reactions to the judgment: Delhi chief minister Arvind Kejriwal said that the judgment is a “big victory” for the people of Delhi and democracy.

A big victory for the people of Delhi...a big victory for democracy...

— Arvind Kejriwal (@ArvindKejriwal) July 4, 2018

Lawyer N Kohli, representing the BJP in the case, reacted to the judgment, saying the Centre has a role to play in the Union Territory of Delhi. “Their main plank was that Delhi is a state while the court has unequivocally said it’s not. They said they had exclusive executive control, but that was rejected too,” he said.

Don't understand how Delhi govt is claiming this to be a victory?Their main plank was that this is a state whereas Court has unequivocally said its not a state.They said they had exclusive executive control that was rejected too.This is a UT,Centre has a role to play:N Kohli, BJP pic.twitter.com/RwR9EYlVM4

— ANI (@ANI) July 4, 2018

In addition, the Deputy Chief Minister Manish Sisodia thanked the court for the “landmark” decision. “Now, Delhi government will not have to send their files to L-G for approval, now work will not be stalled,” Sisodia said.

#AAPKiJeet - SC has cleared that the Centre and L-G cannot interfere in all matters: Manish Sisodia, Delhi Dy CM. pic.twitter.com/bBs2LIMM3D

— News18 (@CNNnews18) July 4, 2018

Manisha Saxena, President of the IAS Association in Delhi told Firstpost, “As bureaucrats, we are clear that our dignity and safety must be ensured. We are the permanent executives and we are here as per law and the Constitution to work with whichever party comes to power”. Senior Congress leader P Chidambaram said it was a “thumping victory” for democracy.

Thumping victory for representative democracy. I welcome SC judgement in the Delhi Govt vs LG case.

— P. Chidambaram (@PChidambaram_IN) July 4, 2018

Prateek Chadha the advocate of the team that drafted the Delhi government petition in the Supreme Court of India said, “A couple of things have happened – first and foremost – that the decisions of the Delhi’s government cabinet will be binding on the L-G. He has no power in respect of executive actions in Delhi. The only thing that he’s allowed to do is make a reference to the President of India in extraordinary cases which concern the central government and the federal structure of the constitution. This is a big change from what was happening before the judgment which is that no decision could be made unless the L-G expressly agreed with the decision." Delhi health minister Satyender Jain told Firstpost, “Our faith in the democracy has been restored. The governor is bound by aid and advice of the council of ministers, subject to the provision of article 239AA to refer the matter to the president and cannot act independently. While the reserved powers like the police and law and order are with the L-G, we now have control over departments like health and education that are critical to Delhi’s development. Mohalla clinic files were lying pending with the L-G for one and a half years and the files for polyclinics took one year.” Commenting on the decision, former chief minister of Delhi, Shiela Dikshit, told Firstpost that the tussle between “top rungs of power in Delhi leaves a poor impression on the minds of the people.” She said that Delhi is a Union Territory, not a State and that “Kejriwal should have studied that before entering the fight.” Dikshit added, “The chief minister has to function within the do’s and don’ts of the constitution and the central government has to help him, of course within ambits. L-G has powers like police, public order, plan, and services under him. Arvind Kejriwal is trying to change everything but my question to him is whether he’s managed to execute fully those powers that already rest with him?” Dikshit also said that even when her government was in Delhi, there was a time when the BJP was in power at the Centre, but “there weren’t such clashes then”. She said, “Delhi is the capital of the country, it is not an ordinary city.”

Shadan Farasat, advocate for the Delhi government in the Supreme Court of India said, “The interpretation that has been giving to Article 239 AA is that Delhi has the same form of government as in other states. There’s a Westminster style cabinet form of government, collective responsibility for elected government to make decisions in all areas where the constitution has given them power except police, land and public order. I always thought that the high court’s interpretations were erroneous but we had to wait for quite a bit of time.” BJP MP Subramanian Swamy said the Supreme Court was justified in saying the L-G must respect the decisions of the Delhi government, but added that he needed to oppose “anti-national security decisions”. “If any anti-national or anti-constitutional security decision is taken, which they are capable of taking, as they are Naxalite-type people, then the L-G can oppose,” he said.

Yes what SC said is correct that LG must respect Delhi cabinet decisions, but if any anti national security or anti constitutional decision is taken,which they are capable of taking, as they are Naxalite type people, then LG can oppose: Subramanian Swamy,BJP MP pic.twitter.com/5fdKJ0KueU

— ANI (@ANI) July 4, 2018

Former Attorney General Soli Sorabjee weighed in on the matter. He supported the verdict and said that the Delhi government and L-G have to “work harmoniously”, and can’t always have a confrontation. “Daily squabbles are not good for democracy. I welcome the decision,” he said.

Its a good verdict by Supreme Court. LG and Delhi Govt have to work harmoniously,can't always have confrontation. Daily squabbles are not good for democracy. I welcome the decision: Soli Sorabjee,former Attorney General of India pic.twitter.com/pmeMyoNUnR

— ANI (@ANI) July 4, 2018

The Delhi BJP welcomed the apex court’s judgment, saying the ruling party should now shun its “political demand” of full statehood to the city. BJP MLA and Leader of Opposition in the Delhi Assembly Vijender Gupta said the court’s verdict has directed the AAP government to follow the law and it is expected that they will do so. “We welcome the SC verdict. The Delhi government should have been following the law even without the order of the court. We hope, they will do so after the judgment,” he said. Delhi BJP spokesperson Praveen Shankar Kapoor said the verdict has “decided” that Delhi is a Union Territory (UT) and the AAP should stop raising their “political demand” for full statehood. “It is now decided that Delhi is a UT. So, the AAP and Chief Minister Arvind Kejriwal should stop raising the full statehood demand.” Kapoor said the judgment has directed for more cooperation between the LG and the city Cabinet and that all parties concerned should respect the verdict. Delhi Congress chief Ajay Maken said, “Since the apex court has clarified about the powers in Delhi, we hope that the development, which has been stalled ever since the Congress was voted out of power over four years ago, will start again.” The LG and the chief minister should stop the “blame game” now and develop Delhi as the Congress did during its 15-year rule (1998-2013), he said. **Click here to follow LIVE updates on Supreme Court ruling** With inputs from PTI