This one is a rarely seen event,
even in Indian politics. We regularly political ups and downs. But we have not
seen so, at least, in the recent political history of India.
Hopefully, now, with President
Pranab Mukherjee's advice in, attitudinal airs will see some reversal from
tomorrow. Yesterday, they both, Delhi chief minister Arvind Kejriwal and Delhi
L-G Najeeb Jung, met separately the President.
Even if Manish Sisodia called it
a good meeting with the President and called the meeting of the Delhi
secretaries next morning, only time would tell what transpired in the meeting.
The Aam Aadmi Party alleges that
the L-G cannot dictate the elected government of Arvind Kejriwal in choosing
its own secretaries. The party has gone ahead in its offensive and has ordered
the city-state officials to not follow the L-G orders without consulting the
Delhi government.
L-G says he cannot tolerate such
orders and whatever he did was within Constitutional limits and to save Delhi
from a Constitutional crisis after he found the government was sitting on the
file of acting chief secretary appointment.
What followed after it in this
round was a bitter battle then. And it is still ongoing.
The Delhi power struggle is on -
to decide who is more powerful - the Delhi L-G or the Delhi CM?
The AAP finds the minds of Rajeev
Dhawan and Indira Jaising the 'best ones' in interpreting the Constitution of
India because they were consulted by the AAP. The party is quoting their
'favourable views' in the matter everywhere. It didn't find any worth in 'opposing'
interpretations. I heard on a TV channel that Rajeev Dhawan had represented the
AAP leader Ashutosh in past.
Dhawan said in his letter, "The Chief Minister has a perfect right
to a Chief Secretary of his choice. I am firmly of the opinion that this crisis
has been created entirely by the LG."
Supporting Kejriwal, India
Jaising said, "There is no
provision granting the LG the power to
act at his own discretion in the matter of appointment of the Chief Secretary."
But the contrary views are also
many.
According to the Economic Times, "In the nasty "follow the
Constitution" face-off between Arvind Kejriwal and Najeeb Jung, the odds
are stacked against the chief minister due to the unique administrative
character of Delhi."
The article quotes S. K. Sharma
who served as the chief secretary for four chief ministers, saying, "There has never been such a fight.
Even when CMs did not get along with the Centre, they found a way to get work
done. In Delhi, L-G is more powerful."
The article further quotes a
Constitutional expert Subhash Kashyap. He says, "The Union Territory is administered by L-G. The Council of
ministers is to aid and advise him. In case of service matters, it is the L-G's
call. In such a matter the CM should go to L-G and sort out these
matters."
Another article on the Firstpost
says, "The law under which Delhi was
converted into a state is the main villain of the piece, not Jung. So, while
Kejriwal is right in principle to demand the right to appoint his own
bureaucrats, the constitution gives Jung the effective power in many areas.
Unlike the central government and other states, where the elected government is
the real power and the President or Governors mere titular heads who are bound
by the advice of the council of ministers, in Delhi the Lt Governor (LG) is
also the executive authority in many domains."
So, like many, even the political
analysts and Constitutional experts are divided on it.
Let's hope the matter will not go
to the courts after the Presidential intervention yesterday. But, then, we can
only hope so.