Despite SC Judgment, Sparring Between Kejriwal and L-G Continues

The SC has ruled that the L-G cannot interfere with policy decisions taken by the AAP government in Delhi.

12 min read
Hindi Female

Days after the Supreme Court ruled that the Lieutenant Governor cannot interfere with policy decisions taken by the AAP government in Delhi, the sparring between Chief Minister Arvind Kejriwal and L-G Anil Baijal continues.

Kejriwal has slammed the L-G for being "selective in accepting the SC judgment" and for refusing to give control of the services department to the city government.

  • The SC bench had ruled that the L-G was bound by the “aid and advice” of the council of ministers
  • The apex court also held that the L-G cannot be “obstructionist” in the decisions taken by the elected government
  • On 6 July, Baijal wrote a letter to the Delhi CM, asserting that the services department doesn’t fall under the purview of his government
  • Kejriwal lashed out at the central government, claiming that it had openly refused to obey the SC’s order
  • After the SC judgment, Kejriwal approved a scheme for doorstep delivery of rations, which had been shelved pending approval from the L-G
2:42 PM , 09 Jul

Kejriwal Writes Letter to LG Over 'Non-Implementation' of SC Judgment

Days after the Supreme Court ruled that the L-G was bound by the "aid and advice" of the AAP government in Delhi, Chief Minister Arvind Kejriwal wrote a letter to L-G Anil Baijal saying:

You agreed with para 277 (xxi) of SC’s judgment which says concurrence of L-G is not required. However, you refuse to implement para 277 (xiv), (xv) and (xvi) of the same judgment. How can you be selective in accepting the judgement?
Kejriwal’s letter to L-G
9:21 PM , 06 Jul

L-G Writes Letter to Kejriwal, Bone of Contention Continues to be Services Dept

Hitting back at Arvind Kejriwal, Lt Governor Anil Baijal on Friday said the Home Ministry's 2015 notification stating that 'services' falls outside the purview of the Delhi Legislative Assembly "continues to be valid".

In his letter to Kejriwal, Baijal said that "further clarity" regarding the services matter and other issues will be achieved when the appeals pending before the regular bench of the SC are finally disposed off.

Following the apex court verdict which clipped the powers of the L-G, the bone of contention between the Delhi government and L-G’s office continues to be control over the services department.

His statement came after Kejriwal claimed earlier in the day that the L-G had refused to give control of the services department to the city government.

In the letter, Baijal pointed to a 2015 Ministry of Home Affairs notification issuing "Presidential directions" under Article 239 and 239AA of the Constitution.

It said ‘services' falls outside the purview of the Legislative Assembly of the NCT of Delhi and consequently the government of the National Capital Territory of Delhi will have no executive powers in relation to ‘services'.

The said notification was also upheld by the High Court of Delhi in its judgement on 4 August 2016. In the wake of the judgment of the learned Constitutional Bench of Supreme Court, the MHA has advised that as per concluding paras of judgment, the nine appeals including the one relating to ‘Services’ shall be taken up by the learned regular Bench and the MHA notification dated 21.05.2015 continue to be valid.
Anil Baijal’s letter

Baijal in his letter to Kejriwal said that the Supreme Court's entire judgment and its implications are still being studied.

"Lt Governor invited the chief minister's kind attention to para-249 of the judgment wherein Supreme Court has observed that the set up in the NCT of Delhi is one where the Council of Ministers headed by the Chief Minister on one hand and the LG on the other are a team, a pair on a bicycle built for two with the President as its rider who retains the general control," the LG's office said in a statement.


9:00 PM , 06 Jul

After Meeting L-G, Kejriwal Seeks Appointment With Rajnath Singh

Delhi CM Arvind Kejriwal on Friday, 6 July, sought an appointment with Union Home Minister Rajnath Singh to urge him to ensure implementation of the SC orders on governance in Delhi.

Kejriwal said that it is very "dangerous" that the central government is advising the L-G not to follow the apex court's order on power tussle between the Delhi government and the Centre.


5:04 PM , 06 Jul

L-G Assures Kejriwal of Cooperation in the Interest of Good Governance

In a meeting with Delhi Chief Minister Arvind Kejriwal and his deputy Manish Sisodia, L-G Anil Baijal on Friday "assured them" of his "continued support and cooperation in the interest of good governance and overall development of Delhi."

Kejriwal, in turn, thanked the L-G for his assurance, while asserting that the "Constitution is supreme" and that the orders of the Supreme Court "must be respected".


Published: 03 Jul 2018, 8:29 PM IST
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