Kejriwal mobilises Oppn support over Centre’s Delhi ordinance; What is the tussle about?

The Delhi government vs Centre faceoff over the Delhi ordinance seems to be intensifying as Chief Minister Arvind Kejriwal will meet his Tamil Nadu counterpart MK Stalin on Thursday to seek support in Rajya Sabha against the Bhartiya Janta Party - led central government’s ordinance on control over administrative services of the national capital.

“Will be meeting Tamil Nadu Chief Minister MK Stalin in Chennai on June 1 to seek DMK’s support against Centre’s unconstitutional-undemocratic ‘Anti-Delhi’ ordinance,” Kejriwal wrote taking to Twitter. 

Kejriwal ‘hopeful’ to win battle against Centre 

Soon after the central government on May 19 promulgated an ordinance in Parliament to gain authority on the transfer of bureaucratic officers from the elected government of the national capital, Delhi Chief Minister Arvind Kejriwal in a bid to gather maximum support against the Centre started making visits to states where BJP is not in power. 

The saffron party’s move to bring an ordinance came following the Supreme Court’s May 11 judgment which gave control over the executive services of Delhi to the elected government. Notably, before the apex court’s decision the control over the services of the national capital, including the transfer and postings of all officers of the Delhi government, lies with the Lieutenant Governor of the Union territory. 

The AAP national convenor has so far met and has received support from West Bengal Chief Minister Mamata Banerjee, former Maharashtra Chief Minister Uddhav Thackeray, Nationalist Congress Party (NCP) supremo Sharad Pawar, Bihar CM Nitish Kumar and his deputy Tejashwi Yadav. Kejriwal also met Communist Party of India (CPI(M)) chief Sitaram Yechury on Tuesday, May 30,  and gained support of his party against Centre's ordinance on Delhi services.

After meeting Stalin on Thursday, Kejriwal will also meet Jharkhand Chief Minister Hemant Soren on Friday, June 2, in hopes to gain the support of his Jharkhand Mukti Morcha (JMM) in his battle against the ruling BJP. 

Meanwhile, the Congress party recently crashed Kejriwal’s hopes and announced its decision to not support the AAP in Rajya Sabha against the ordinance passed by the central government on control of services in the national capital. Interestingly, the grand old party’s announcement came after Kejriwal supported Congress in the high-octane drama that unfolded regarding the inauguration ceremony of the new Parliament building. 

Why was the ordinance brought? 

The BJP-led central government on May 19 brought an ordinance in Parliament to notify rules for the Delhi government regarding the ‘transfer posting, vigilance and other incidental matters’ of the capital. The ordinance was brought to amend the Government of National Capital Territory of Delhi Act, 1991 following the Supreme Court judgement in the Centre vs Delhi case. 

The Delhi ordinance was brought by the Centre after the top court in order to strike a balance of power in the capital gave the responsibility of the executive and legislative control over “administrative services” to the elected government of Delhi. Notably, the NCT of Delhi is short of “state status” and is not very similar to other Union Territories acros the country, therefore, the elected government there is devoid of powers related to land, public order and police because the power of the above-mentioned areas rest with the Centre and Parliament. 

Although the Legislative Assembly of Delhi could legislate in relation to fields covered in State and Concurrent Lists, such a law will have to make way for Parliament-made laws to the extent of repugnancy. Therefore, Delhi has essentially one Union List and two Concurrent Lists. With this, the Union government always enjoyed executive powers even on matters for which the Delhi Legislative Assembly has legislative powers.

In view of the imbalance of power distribution in the national capital, the Supreme Court on May 11 handed over the administrative power in the hands of the Delhi government, stating, “In a democratic form of the government, the real power of administration must rest on the elected arm of the government.”