When Delhi Chief Minister Arvind Kejriwal has written to Lieutenant Governor (LG) Najeeb Jung and asked him to route all files relating to public order, land issues and police matters through him.
Since it’s too early for Kejriwal to get the central government to sign off on AAP’s demand of “total statehood” in Delhi, he has now dug up a provision of the law which he believes will give him greater say in running Delhi.
In his letter to Jung, Kejriwal has underlined the second proviso to Rule 45 of Transaction of Business of the Government of NCT of Delhi Rules, 1993 -
Provided further that the LG shall in respect of matters connected with public order, police and land exercise his executive functions to the extent delegated to him by the President, in consultation with chief minister if it is so provided under any order issued by the President under Article 239 of the Constitution.
– The Proviso
In accordance with the provision cited above, I am issuing necessary instructions to the Home Department and the Land and Building Department to route files pertaining to matters connected with public order, police and land through Chief Minister’s Office (CMO)
– Kejriwal’s Letter said.
But does this give the Delhi CM direct authority over the Delhi Police and the Delhi Development Authority? Not according to senior advocate and former Additional Solicitor General Vikas Singh -
This power could be exercised by the CM only if Parliament vests such power in him. Till this is done, he can’t exercise any authority in respect of these subjects. The LG acts as a representative of the Central Government under Article 239AA of the Constitution
- Vikas Singh to Hindustan Times.
Former Chief Secretary of Delhi, Shailaja Chandra fears this would just lead to more friction between the centre-appointed LG and the Delhi CM. Chandra says the central and state government should figure out a better way of involving the Delhi CM in key administrative areas, rather than him being at constant loggerheads with the LG and the centre.