AAP on warpath against VK Saxena: History shows battle between Delhi government and L-G is just beginning

When it comes to the AAP and Delhi Lieutenant-Governors,  it seems some version of Groundhog Day has been playing out since it came to power in 2015.

Saxena, who was sworn-in on Thursday as the 22nd Lieutenant-Governor of Delhi, struck all the right notes during the ceremony. Saxena told reporters he would “work as a local guardian” and that “you will see me more on roads than in Raj Nivas.”

But barely a week later, it seems that the honeymoon period is over with party MLA Atishi on Wednesday accusing him of overstepping his authority and warning him to “not disrupt Delhi’s constitutional framework and let the Delhi government run the departments which fall under its purview”.

30 May को LG ने Meeting बुलाकर DJB के अफ़सरों को आदेश दिए।

LG अभी नए-नए आए हैं तो उन्हें Delhi की संवैधानिक व्यवस्था का पता नहीं।

LG के अंतर्गत Land, Law and Order और Police ही आती है।

जबकि बिजली-पानी, शिक्षा-स्वास्थ्य सेवा दिल्ली सरकार की ज़िम्मेदारी है।

- @AtishiAAP pic.twitter.com/8KrCuoPFLl

— AAP (@AamAadmiParty) June 1, 2022

She claimed that Saxena had called a meeting of Delhi Jal Board (DJB) officials and issued them instructions despite the subject of water being the responsibility of the Delhi government.

“On May 30, Delhi LG called a meeting of DJB officials and issued them directions. Since he is new to the system, he might not be knowing the constitutional provisions.”

“Land, law and order, police and now with the Municipal Corporation of Delhi (MCD) also being unified and brought under the Centre… it will come under him since he is a representative of the Centre. But education, electricity and water are subjects that come under the Delhi government,” the AAP leader said, referring to recent amendments to the Delhi Municipal Corporation Act.

Hours later, Saxena in a meeting with a delegation of AAP MLAs, assured to ‘fully cooperate’ with the Arvind Kejriwal government, a statement issued by the party said.

“We apprised him of the shortcomings of the MCD, DDA and Delhi Police,” said Dilip Pandey, Chief Whip in the Assembly. He said law and order problem and garbage management crisis because of the mismanagement by the Centre’s agencies was also flagged. “The L-G assured us of bringing the MCD, DDA and the Delhi Police back on track,” he added.

But a glance at recent history shows this newly-found bonhomie between the AAP government and the Delhi L-G isn’t likely to last.

AAP run-ins with Baijal

Saxena’s predecessor Anil Baijal, who had tendered his resignation on 18 May citing ”personal reasons”, had a long-running and highly-publicised feud with the AAP over multiple governance-related issues.

NCT Act

The Government of National Capital Territory of Delhi (Amendment) Act, 2021, which gave primacy to the Lieutenant Governor (L-G) over the elected government in the city, came into effect in 2021.

The law directed city government to seek the opinion of the L-G before taking any executive action.

“In exercise of the powers conferred by sub-section (2) of section 1 of the Government of National Capital Territory of Delhi (Amendment) Act 2021 (15 of 2021), the Central Government hereby appoints the 27th April 2021 as the date on which the provisions of the said Act shll come into force,” the notification signed by additional secretary in the MHA, Govind Mohan, said.

Parliament had passed the bill on 22 March 2021 in the Lok Sabha on 22 March 2021 in the Rajya Sabha on 24 March.

Delhi chief minister Arvind Kejriwal had termed it a “sad day for Indian democracy”.

Perhaps the most important of those tussles was the fight for control of Delhi – the AAP accused Baijal of obstruction at the behest of the Centre –  which reached the Supreme Court in 2018.

The apex court in a landmark verdict said that the L-G has no independent power and was bound by the elected dispensation’s advice.

The court also said that the Lieutenant-Governor should not act as an “adversary having a hostile attitude” towards the government, but act as a facilitator, though he was not a “titular head” and differences of opinion between them should have a “sound rationale” without there being any “phenomenon of an obstructionist”.

Kejriwal had hailed this order as a major victory in his long-running fight for administrative powers to run the National Capital.

‘Oxygen deaths’ panel battle

As the National Capital reeled under a brutal second wave of COVID which claimed several lives, Deputy Chief Minister Manish Sisodia in August 2021 said the Delhi government had repeatedly sent the file on the formation of a high-level committee to probe oxygen-related deaths in the city to Baijal.

Sisodia had earlier said Baijal had not given approval for the formation of the committee to probe oxygen-related deaths and award compensation of Rs 5 lakh to families of those who died due to oxygen shortage.

Sources close to Mr Baijal’s office, however, denied opposing any probe into the matter to NDTV.

Clash over doorstep delivery

The Delhi government had in June 2021 claimed that doorstep delivery of ration scheme was rejected by the Lt governor saying the Centre’s approval was not sought and that a litigation was pending in the high court regarding it.

“If pizza, burgers, smartphones and clothes can be delivered at home, then why can’’t ration be delivered at their doorstep,” Kejriwal asked.

“People are distressed that the central government is fighting everyone. If we fight like this, how will we tackle COVID-19,” the chief minister said in an online briefing.

“The Delhi government did not require the Centre’s approval for the implementation of the scheme, but it sought permission five times to avoid any dispute,” Kejriwal said.

In 2018, Kejriwal, Manish Sisodia, Satyendar Jain and Gopal Ra held a dharna in the L-G office, alleging that IAS officers posted with the state government were not cooperating with elected representatives and non-approval of the doorstep delivery of ration scheme by Baijal.

Baijal eventually gave his assent to the scheme.

Duel over Delhi riots

In July 2021, Delhi Cabinet rejected Baijal’s recommendation for appointing special public prosecutors suggested by Delhi Police in cases related to violence during the tractor rally on Republic Day and the northeast Delhi riots.

Deputy chief minister Manish Sisodia also objected to the Delhi Lieutenant Governor holding meetings with officers and instructing them on works that “fall under the purview of the elected government”, saying it was “unconstitutional" and against the 2018 verdict of the Supreme Court.

Row over institutional quarantine order

In June 2020, Chief Minister Arvind Kejriwal and his Deputy Manish Sisodia in a meeting of Delhi State Disaster Management Authority (DDMA) had opposed Baijal’s order for a mandatory five-day institutional quarantine for COVID-19 patients.

Baijal later clarified that institutional quarantine would be required for only those who do not need hospitalisation and do not have adequate facilities for home isolation.

The Lt Governor after the meeting said in a tweet, “Regarding institutional isolation, only those COVID positive cases which do not require hospitalisation on clinical assessment and do not have adequate facilities for home isolation would be required to undergo institutional isolation.”

In another tweet, he said the DDMA approved recommendations of a high-level expert committee for fixing subsidised rates for COVID-19 treatment in private hospitals of Delhi.

With inputs from agencies

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