dailyO
Politics

Why Delhi crisis is far from over

Advertisement
Rajeev Dhavan
Rajeev DhavanJun 25, 2018 | 11:01

Why Delhi crisis is far from over

Had this happened in the Centre or in any other state, the officers would have been chastised or even suspended.

Kejriwal and L-G Anil Baijal have shaken hands to bring peace to Delhi's governance, which was plagued by AAP leaders parking themselves at the L-G's premises and the IAS officers explaining that they were really not on strike, though clearly hostile.

The question still remains: How did CM Sheila Dikshit's 15-year term succeed while successive L-Gs, Jung and Baijal, who took on the AAP government which had won 67 out of 70 seats, virtually stymie its efficacy?

Advertisement

If India's Constitution is based on cooperative federalism, the Centre did not permit L-G-CM cooperation.

kejriwal_062518095606.jpg
A sit-in protest at L-G's office is not acceptable either. 

Unhelpful Centre

A simple view would be that the BJP-led government at the Centre wants absolute power to upset non-BJP governments in the states or elected Union Territories.

During its post-2014 term, the BJP imposed President’s Rule in Arunachal, Uttarakhand and Jammu and Kashmir. It won Manipur, Goa, Meghalaya and Karnataka by guile. For Karnataka, the Supreme Court stepped in. So, the question is whether the constitutionally elected government of Delhi is a dummy in the hands of the Centre through the L-G?

The government of the National Capital Territory of Delhi is not an ordinary Union territory government. The 69th Constitutional Amendment Act (1991) provided special status to the Delhi government (Article 239AA).

This was “almost statehood”; the Assembly was elected by the people (Article 239AA(2)), the Cabinet was “collectively responsible” (Article 239AA (6)) as with Parliament and state Assemblies.

The L-G is to act on the aid and advice of the Cabinet (Article 239AA(4)), which according to the Supreme Court means binding on the L-G who is to be kept informed as with other President and Governors.

Advertisement

The only exception was that certain powers remained with the Centre namely, police, public order and land.

This is unexceptional — Jammu and Kashmir has “excepted” provisions as do Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh and Telangana, Sikkim, Arunachal, Goa, Karnataka (Articles 370-371 (J)), with special provisions for the Fifth and Sixth Schedules.

Indian federalism has worked reasonably well; subject to many heartaches. State governors have been agents of the Centre, but Indian federalism requires them to function in the spirit of democracy. This is endorsed by the Supreme Court and several Commissions.

Even Delhi worked well till AAP’s massive victory. Instead of supporting the massively mandated AAP government, the L-Gs and the Centre simply did not allow AAP to function. AAP, too, was excessive in some areas, but those could be resolved with the right spirit.

baijal,-kejriwal_062518100242.jpg
The L-Gs and the Centre did not allow the AAP government to function. 

Arm-twisting law

What the BJP and the LGs did in 2015 was to virtually take away the control of the bureaucracy from the AAP government. This was done by a curious twist of interpretation.

Its own civil service is within the Delhi government’s remit. All Civil servants, however, appointed, need to be responsive to Delhi’s elected government. AAP was made an exception.

Advertisement

The Centre’s argument was that the IAS officers and the Delhi, Andaman and Nicobar Islands Civil Services (DANICS) were appointed by the Union government and so were under its control. This is farcical.

Many Union cadres are allocated to the states, in addition to the state services. Does that mean they can ignore the elected governments in the 29 states of the country?

Easy solutions

For a Chief Secretary to be “beaten up” (or even called for a midnight meeting except in an emergency) was shameful.

So was the IAS-led officers’ national strike with arm bands, lunch-time meetings and denying meetings with ministers.

The IAS officers said that they were not on strike. They know they are answerable only to the L-G and the Centre, who process everything. They do not fear the elected government.

Had this happened in the Centre or in any other state, the officers would have been chastised or even suspended.

In Delhi, that power too rests with the Centre.

A “sit-in” at the L-G’s office-residence is also not acceptable.

But what prevented L-G Baijal to meet his own ministers?

That would have diffused the crisis straightaway, unless he was paving the way for President’s Rule, which, given AAP’s majority, would be a travesty.

The constitutional issue was decided against AAP by the High Court and the Supreme Court heard the matter in December.

The Supreme Court should have delivered its judgment by now.

The solutions are easy:

(1) The statehood that Kejriwal wants is already there, if the provisions were interpreted as they were for Sheila Dikshit. But, if he wants a further constitutional amendment, it is not going to happen till 2020.

(2) L-G Baijal must meet his ministers and iron things out.

(3) The Centre must take away its surreptitious control.

(4) The Civil Service must accept that it is answerable to the AAP government.

(5) All pending files should be processed democratically.

(6) The Supreme Court should give its judgment. But will the BJP government in the Union accept co-operative federalism in favour of democracy? That is where the problem lies.

(Courtesy of Mail Today)

Last updated: June 25, 2018 | 11:09
IN THIS STORY
Please log in
I agree with DailyO's privacy policy