‘COURTS’ TO HEAR CENTRE AND AAP TODAY: THE ONLY LOGICAL WAY OUT

So, it is happening now and today is the day when the most logical phase of ‘politically’ motivated war begins.

Day before yesterday, the Union Home Ministry (MHA) filed a plea in the Supreme Court against May 25 Delhi High court order denying bail to a Delhi Police constable arrested by the Delhi’s Anti-corruption Bureau and calling the notification issued by the Union Home Ministry ‘suspect’ in the process.

The Supreme Court is to hear it today.

Yesterday, the Aam Aadmi Party moved Delhi High Court against the May 21 gazette notification of MHA that backed the Lieutenant-Governor. The notification was issued after interpretation of laws governing Delhi (including the Indian Constitution) and told us that bureaucratic appointments in Delhi were the exclusive domain of the L-G and also that the Delhi ACB could not take cognizance of offences committed by the Central Government employees.

The Delhi High Court is to hear it today.

Let’s see if any observation or order comes today. Or there are chances that the issue requires more hearing(s).

Let’s see if further dates are required (that is a valid possibility in this issue) and court refers the issue to the constitutional experts. Let’s see if Delhi High Court says it would wait for the Supreme Court hearing the matter first as the AAP has filed the plea against the whole MHA notification. Simultaneously, the AAP has also filed a caveat in the Supreme Court to hear its stand before passing any order.

Now, the apex court will decide jurisdiction of the ACB. In doing so, it will certainly interpret and lay down the constitutional norms. Let’s wish courts are here on the same page here. The High Court is to hear a plea against the whole petition including the ACB part while the Centre has moved the SC with a plea demanding overturning the High Court’s order on ACB reiterating the stand taken in the MHA notification. It is, therefore, judicially logical that the High Court should wait for the Supreme Court’s view.

If it comes out to be what Kejriwal is trying to prove, we will see an even more aggressive Kejriwal on the whole issue. On the other hand, anything contrary would force him to reconsider his moves. And the possible responses would include playing ‘victim’ card again, like he did during the campaigning phase this time, readily apologizing for ‘deserting Delhi in just 49 days’ during his first term – the 49 days that now find a proud mention on the AAP website for achievements accrued then.

Who is the boss in Delhi in the ongoing CV Vs L-G row can be decided only by a court because the kind of politics Kejriwal has displayed after taking over the chief minister’s office on February 14 this year, he would not accept any interpretation by the Centre, even if it comes through the President.

And since it is in ‘courts’ now – in country’s apex court and in Delhi’s top court – its concluding part begins today.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

TODAY, I WAS NOT IN TWO MINDS..

COLORES INFINITUM

There are ways to fight the ways of life.

Every life has problems. No life is without its own set.

Yes, nature, degree and frequency of problems affecting lives vary from life to life.

The majority of humanity has more of them but even the privileged ones are not without issues in their lives.

Yes, the way to approach the problems, if differs for from life to life, is also dependent on the class and is affected by the concerned equations of ‘haves’ and ‘have nots’.

One can face the problems of life by accepting their presence, reconciling with the situations of life while trying to find ways out or ways up.

Or one can refuse to reconcile the way life has become while trying to rebuild the life.

I met this rickshaw-puller again today. And while he was not in queue, with his rickshaw parked away, I preferred to go to him.

It was a similar ride to what I had on the other day – but on a positive, confident note. While walking to his rickshaw today, I was not in two minds, unlike the other day.

Collage-Rickshawpuller-May28, 2015

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

KEJRIWAL’S WORDS EPITOMIZE SPECIAL SESSION OF DELHI ASSEMBLY

Delhi chief minister Arvind Kejriwal’s words epitomized the two day special session of Delhi assembly that ended today.

His concluding speech (or parting shot) captured the essence with which the special session was called.

He challenged the Central government, that is led by Narendra Modi of the Bhartiya Janata Party (BJP) on interfering in affairs of the Delhi government and warned it on ‘trying to take over Delhi through the Lieutenant-Governor Najeeb Jung’.

The two day assembly session on May 26 and 27 was a confrontationist response of Kejriwals’s attitude on the notification issued by Ministry of Home Affairs on May 21. The notifications makes bureaucratic appointment an exclusive domain of the L-G and also bars the Delhi Anti-corruption Bureau (ACB) from taking cognizance against the Central Government employees.

Scathing, even unparliamentary words were used against the L-G. He was blamed to run to save his post by indulging in activities against the Delhi government. Centre was again and again blamed for ‘running Delhi by proxy’ after its humiliating electoral loss that reduced the largest party of December 2013 assembly polls to just three seats in February 2015. A demand was made to give the Delhi assembly powers to ‘impeach’ the L-G. Resolutions against the Centre were passed. Its ministers including Narendra Modi were targeted. An AAP MLA tore the MHA notification.

Delhi High Court’s observation that called the notification ‘suspect’ while rejecting bail to a Delhi Police constable booked by the ACB was quoted behind the logic and constitutional interpretation given by the Aam Aadmi Party (AAP) leaders.

To sum up, Arvind Kejriwal, with his concluding remarks, refused to obey the MHA notification. He had done so already with his many defying acts including the one of transfer of officials a day ago without the informing the L-G. He chose the assembly for his political power display. And he chose the Delhi assembly to further his political message.

He said it was not a constitutional crisis but was a political one, created by the Centre. He said the Delhi assembly could take care of the salary heads of bureaucrats under it and they should discharge their duties without any fear.

Now, we cannot say whom they are, the bureaucrats, repulsive of – Kejriwal or the Centre. And going by the conduct of Kejriwal and his government in the Delhi, he is to carry the blame for it.

The row that began with Shakuntala Gamlin’s appointment as Delhi’s acting chief secretary saw heads of other civil services officials roll in an ugly public display. IAS officers have held two meetings since then and reports say they are not happy with the situation and want a solution at the earliest. But from the developments so far, we can say, it is not the Centre, but the state government IAS officers are miffed at.

And while saying so, we did not get any indications that he was going to the court the next morning against the MHA notification. He said he would oppose it (and the Centre) come what may but he did not give us any hint about the simplest and the most logical outcome of the logjam – the court interpretation of the constructional provisions and other laws governing Delhi.

Given the kind of stuff Kejriwal is made up of, he would not accept any interpretation by the Centre, even if it comes through the President.

And given the politics involved in interpretation of constitutional provisions, he would love to drag it as far as possible. After all, it would give him a chance to divert attention from his unfulfilled promises and a shabby governance so far (in his 100 days). Yes, he has been a big letdown for Delhi and for those who went for the political experiment called the AAP.

Let’s see how long the issue lasts constitutionally?

The Home Ministry filed an SLP (Special Leave Petition) in the Supreme Court today against the Delhi High Court order of May 25 denying bail to the constable. It has come quickly even if we were expecting the move from stakeholders.

Now, the apex court will decide jurisdiction of the ACB. In doing so, it will certainly interpret and lay down the constitutional norms. If it comes out to be what Kejriwal is trying to prove, we will see an even more aggressive Kejriwal on the whole issue. On the other hand, anything contrary would force him to reconsider his moves. And the possible responses would include playing ‘victimization’ card.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

EVEN IF I WAS IN TWO MINDS..

COLORES INFINITUM

Like it happens every day with them, they were calling to pull attention as I got down the Delhi Metro station. It was the hottest day of May so far, over 45 degree Celsius.

It was routine, calling passengers like this, but the rickshaw-puller on that day pulled my attention. He was a lanky fellow, lean and thin, extremely skinny. His bones were visible on his long and thin body. And he was underage too, certainly below 18.

His rickshaw was nearest to me so it was natural I would go him but after seeing him, I was in two minds.

It was more due to his physical structure than his age. I was in two minds that how would he pull the rickshaw and how would he climb up the patch of the track with a passenger ?

I am anti to underage labour but not the way it is in rulebooks. In fact, underage workers are prevalent and it is a burning truth about India and many societies in other. And it is not wrong. The first preference always goes to the survival instinct. And the primal survival instinct is to survive each passing day by first having food and a place to sleep.

And it is true for societies across the world. We may debate the age of underage workers. In India, education of children up to the age of 14 years is state responsibility. Children up to 14 years of age cannot be employed, except in ‘family enterprise’ and ‘entertainment trade’. Children above 14 years can work based on socioeconomic profile and survival needs.

This rickshaw-puller was around 16-17. Yes, like it happens he was not sure of his exact age. And like everyone, he had all the rights to make ends meet of his life. The family support for education goes up to at least 20-22 years of age but it is empty sociological theory for many. Education is still a distant dream, an ignored entity in the list of priorities of millions.

They know only one thing – somehow to survive the day – while thinking for the next. And it is true in societies across the world.

The rickshaw-pullers, originally from the hinterland India but toiling in big and metro cities, are a prime example of this social order, an order that is complex and multi-layered.

And like everyone in the society, this rickshaw-puller, too, had every right to survive the life, to meet the basic needs of the day and to think of the day coming next. There are many including me who feel heat pangs even if the window is of 10 minutes while the people like this rickshaw-puller earn their livelihood under the open sky, be it in the scorching heat of May or June or in the rainy days of Monsoon.

I was in two minds that how would this extremely lanky fellow would pull his rickshaw along with me. I was also thinking that I had no right to deny him his livelihood because if it was not me, he would carry someone else to earn his living.

The two minutes of dilemma gave way to saying yes to the rickshaw-puller. I was thinking he would not be able to pull the rickshaw easily and I would get down wherever required, i.e., on the upslope of the track. Also, as is the case with me, I was thinking simultaneously about my write-ups while taking the rickshaw-ride to my workplace. Public transport is my favourite for the reason that it provides me with time and ideas to think further about my written work.

While lost in my thoughts and looking all around, I asked the rickshaw-puller if he could pull me and if he went to the school.

He confidently said yes but what he said on my second question I could not understand. His language was not totally comprehensible but I could grasp from his words that he was around 16-17 years old and driving rickshaw at this age was his compulsion.

Soon he proved his words – about pulling the rickshaw. His speed was even faster than many well able-bodied ones. He was pulling rickshaw efficiently and easily. And he carried me to my destination in less than usual time.

I felt relieved – on the fact that he pulled rickshaw like any other rickshaw-puller, like any other able-bodied person. He did not show the problems I was thinking about. I was thinking to offer him some extra money but why I didn’t offer him I could not say.

But after leaving his rickshaw, I was feeling good that, somehow, even if I was in two minds, I took the right decision and didn’t deny a person the chance to add to his share of daily earning.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

TALKING POINTS ON ONE YEAR OF MODI GOVERNMENT

Given the state of political affairs and style of politics in the country, it is to continue. The Modi government will says it has done everything right and is well on the day to make an India it promised and its opponents will deny every such claim – on every pointer – in every sector – on each promise. After all, we don’t talk of and expect ethics and substance in politics anymore.

Narendra Modi then and now, when he took over on May 26, 2014 and what the indices say now, when Modi is completing his maiden year in the office. The usual flavour of the season will be made of the following elements:

— Major schemes of the Modi government – well, by any count, they are around 20, and could be even more – the most important part of the pro-people and anti-people debate

— Land acquisition in the first year – an important aspect of the pro-farmer and anti-farmer debate – high on agenda after the land bill ordinance by the government

— WPI and CPI trends – the monthly trends and the yearly performance – in May 2014 and now – will include debates on inflation, price rise and the state of economy

— Riots in one year – yearly data of riots – accordingly, religious controversies during Modi’s first year in prime-ministerial office

— Avoidable statements in one year – many by the BJP and the NDA leaders in last one year – surely a point where the government needs to work – the critics are expected to exploit the mileage

— Black money measures – it was a big election promise and campaigning point for Narendra Modi and though the government has not been able to bring the stash back home so far, it does have cleared a law to regulate the menace

— Cabinet size trend – maximum governance minimum government – size of Manmohan’s cabinet – Modi’s promise – and his cabinet now

— Foreign policy – with a prime minister circling the world with 18 foreign tours in his first year – a way to look ahead based on the record so far – India’s image does have improved – and so are the attacks of Modi’s political opponents

— How he dealt with Pakistan – he first invited SAARC leaders including Nawaj Sharif for his inauguration – then he cancelled India-Pakistan talks – it’s an year of no ups and more downs in India-Pakistan ties

— GDP in 2013-14 and GDP in 2014-15 – with contribution of each sector

— Sensex and Nifty then and now – the wealth created – the confidence in Indian economy

— IIP trends – IIP of May 2014 Vs IIP now – recovery Vs status quo Vs fall

— Rupee then and now – maintaining a downward trend these days – though is not attracting the intense debate

— FDI-FII in the first year – what were the figures when Modi took over there level now

— Foreign Reserve then and now – how much has it grown in an year since May 2014

— Reforms in one year – reforms stuck in the last one year – Indian economy and therefore Indian society cannot advance unless its policymaking is reformed – an important facet is about the bills passed and stuck in the Parliament

— Disinvestment then and now – part of the reform process – but not much on the front in spite of claims

— What Varanasi got in Modi’s maiden year – it is not just people in Modi’s parliamentary constituency but even analysts and political opponents are keenly watching the concerned developments

So, in Modi’s first year in the PMO, that he is completing tomorrow, as expected, there is much to talk about. And all of it has begun. And we are expected to hear more of them in coming days.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

AFTER ALL, FIRST NON-CONGRESS GOVERNMENT WITH MAJORITY IS COMPLETING ITS FIRST YEAR..

Tomorrow, the Narendra Modi government, the first non-Congress government with majority, is completing one year in office.

Given the momentous nature of the event, the Modi government, the Bhartiya Janata Party and other parties of the National Democratic Alliance are celebrating the feet with élan.

Narendra Modi is addressing rallies. Arun Jaitley is issuing statements. MPs are visiting and are to visit constituencies and cities to spread the word about achievements of the government. Rallies, exhibitions and pressers are being organized and several events are to be held. The official version of rallies are to be from May 26 to 31.

And as expected, the political opposition is going all out to oppose the government, showing it in a negative light of failures, empty promises and plain rhetoric.

Given the state of political affairs and style of politics in the country, it is to continue.

The Modi government will says it has done everything right and is well on the day to make an India it has promised and its opponents will deny every such claim.

After all, we don’t talk of and expect ethics and substance in the politics of the day anymore.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

LG VS CM: CRISIS DEEPENS FURTHER

The crisis further deepens.

The Aam Aadmi Party (AAP) is quoting senior lawyers and constitutional experts K. K. Venugopal and Gopal Subramaniam on Ministry of Home Affairs’s (MHA) gazette notification calling it an unconstitutional act by the Government of India.

Former solicitor general of India is of the view that Kejriwal and his cabinet has legitimate rights to appoints ‘civil servants’ and functionaries for their own government, against the MHA notification that makes it the exclusive domain of the Lieutenant-Governor. “Such an exercise may be assailed in a court of law as a fraud on the Constitution or a colourable exercise of authority…It singularly lacks propriety when the President is still seized with the question. It is illegal and unconstitutional; and presumably, it has been issued without the requisite presidential approval” – the Times of India quoted him saying.

His views were echoed by senior lawyer K. K. Venugopal. He, too, termed the MHA notification unconstitutional and ‘void’. He backed Arvind Kejriwal on Shakuntala Gamlin’s appointment.

The latest controversy in ‘chief minister Vs lieutenant-governor’ story began with the appointment of Shakuntala Gamlin as the acting chief secretary of Delhi as Delhi’s K. K. Sharma was on a personal leave for 10 days.

Gamlin wrote to the L-G that the Delhi government was sitting on the appointment even if she completed all requirements and norms. She even figured in the list sent to the L-G by the deputy chief minister Manish Sisodia.

Reasons best known to Kejriwal, though he officially said that he didn’t like Gamlin as she was backing corporate interests and he even wanted to remove her from the office of the power secretary, made the Delhi government sat on the file for three days before her appointment by the L-G.

The row that began with Shakuntala Gamlin’s appointment saw heads of other civil services officials roll in an ugly public display. Subsequently, officers held a meeting. Both, the Delhi CM and the Delhi L-G met the President separately. Kejriwal tried to drag in the Union government. Though Narendra Modi has not, so far, spoken on the issue, even if Kejriwal has blamed his government for ‘running Delhi by proxy’, his Home Ministry under Rajnath Singh, has issued a notification backing the L-G.

The MHA notification says the power to appoint the civil servants rests with the L-G and consulting the CM depends on the L-G’s discretion. The notification also says the Anti-corruption Branch (ACB) of the Delhi government cannot take cognizance of offences committed by the central government employees.

And Kejriwal is not going to take it. In fact, the notification has given him another opportunity to squeeze in the political mileage. The party met today and has called a special session of the Delhi assembly on May 26 and 27 to further discuss the notification.

So far, we have not heard a written reply by the President. Constitutional experts are divided over the issue. Those consulted by the AAP support the party’s stand. There are others including Subhash Kashyap who support the stand taken by the L-G.

The MHA notification has further exacerbated the issue. And it is expected to figure prominently in the public dialogue organized tomorrow at Connaught Place on completion of 100 days of Kejriwal government in Delhi.

The row, effectively, has been converted into a political slugfest now.

Kejriwal terms the notification a ‘nervous’ move by the Union government. Manish Sisodia is alleging a section of officers behind it who were behind the ‘transfer-posting’ industry that the AAP government shut down. The AAP leaders and spokespersons are seeing ‘collusion’ behind the latest row. They are still trying to make it ‘Modi Vs Kejriwal’. They are asking the government the constitutional provisions that allow sweeping powers to the L-G in the case.

On his part, Najeeb Jung has not spoken much, apart from issuing written missives. Rajnath Singh said Kejriwal and Jung should sit together and resolve the issue. Arun Jaitley and other BJP leaders have blamed the AAP for high handedness, constitutional impropriety and trying to suppress the laws that govern Delhi.

So, what does the Constitution of India and related laws say?

It is to be seen which third party response the AAP would accept – the President’s or the court’s. Let’s see if the President comes up with a written response on the whole issue and let’s see if that is acceptable to the parties involved, now that there central government is also involved.

Or is it heading to the legal opinion of the court as the last resort?

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

JAYALALITHAA AGAIN: IT WAS MATTER OF ‘WHEN’ ONLY

It was matter of ‘when’ only and it came today.

J. Jayalalithaa became the chief minister of Tamil Nadu again. And she is stronger this time, than her absolute victory in 2011 assembly polls and an even performance in 2014 Lok Sabha polls. In 2011, she won 150 out of 234 assembly seats. DMDK was a distant second with 29 sears. DMK could win just 23 seats. In 2014 LS polls, extending the winning streak of 2011, her party AIADMK won 37 of 39 seats.

Yes, the disproportionate assets case that has derailed her juggernaut has still life if it is pursued in the Supreme Court but the Karnataka government and her political opponents are yet to make up their minds in spite of debating the matter in the media.

Probably she took her time, from May 11, the day of her acquittal by the Karnataka High Court, to further handle such issues before taking the reins of the state again, for the fifth time. Her first public appearance came only yesterday when she met the Tamil Nadu Governor K. Rosaiah to stake claims again.

She was convicted by a Bangalore court last September in a DA case and was imprisoned for four years and Rs. 100 crore fine. It led to her disqualification till the decision on her appeal by the Karnataka High Court. The case had to be shifted out of Tamil Nadu and the decision had come after 18 years.

Like September 2001, when Jayalalithaa was barred from holding the chief-ministerial post after she was found guilty in cases including the TANSI land deal, her trusted aide and the current Finance Minister O. Panneerselvam was made the chief minister again, even if ‘temporarily’. On both occasions, he did not enter the chief minister’s office.

Prime Minister Narendra Modi greeted her on her swearing-in. He was there in 2011 as the Gujarat’s chief minister when she took the office for the fourth time. The PMO Twitter handle tweeted – “PM @narendramodi congratulates Jayalalithaa ji on taking oath as CM of Tamil Nadu and conveys his best wishes to her & her team.”

He had also congratulated her on her acquittal from the Karnataka HC in the DA case. A Union Minister of the BJP was present there today. Union Minister Venkaiah Naidu sent his wishes. Clearly, Jayalalithaa knows how imperative she is for the Centre for floor management exercise of the Indian Parliament where the BJP is in underwhelming minority in the upper house, the Rajya Sabha. In turn, a friendly tie with a strong prime minister and majority Union Government can be very helpful, especially when elections are just a year away.

It will be interesting to see the further political developments in the state where elections are less than a year away. ‘Amma’ (mother, as she if fondly called) is back after her exoneration from a higher court and she will exploit both the gains now – the ‘pluses’ of exoneration that come after her ‘victimization’ in the DA case.

Tamil Nadu’s ‘who’s who’ including Rajinikanth, Sharat Kumar, N. Srinivasan and A. C. Muthaiah were present during the grand oath-taking ceremony in the Centenary Auditorium of Madras University. Jaya’s fans were shouting slogans and were looking to get a glimpse of their leader. Giant screens at different places were broadcasting the event live.

The oath-ceremony today should be seen from the political perspective of a state assembly election that is to be held around April 2916. And therefore, it was all in the grand style of the South Indian politics – especially of Tamil Nadu.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

MHA NOTIFICATION ON DELHI: IT MAY EXACERBATE THE SITUATION EVEN MORE

As was being expected last evening, the Centre came with a notification backing the Delhi Lieutenant-Governor Najeeb Jung in the latest episode of the war between him and the Delhi chief minister Arvind Kejriwal.

The notification, dated May 21, issued by the Ministry of Home Affairs, to which the Delhi L-G reports, said the L-G was right in exercising his powers and he did not violate the Constitutional norms.

The gazette notification by the MHA says, “It is clear that the National Capital Territory of Delhi does not have its own State Public Services. Thus ‘Services’ will fall within this category.”

The notification further says, “Subject to his control and further orders, the Lieutenant-Governor of the National Capital Territory of Delhi, shall in respect of matters connected with ‘Public Order’, ‘Police’, ‘Land’ and ‘Services’ as stated hereinabove, exercise the powers and discharge the functions of the Central Government, to the extent delegated to him from time to time by the President.”

And the notification says it is the discretion of the L-G to consult the CM ‘in regard to the matter of Services’. In other words, if he doesn’t feel it fit to consult the CM in case of any bureaucratic appointment, the CM cannot question him.

The notification, therefore, absolves the Delhi L-G in the ongoing row and puts the onus of the whole controversy on the Delhi Government.

Obviously, Kejriwal is not going to accept it.

So, on a day, when the Centre backed the L-G and MHA’s notification spoke on the L-G’s behalf, Kejriwal targeted the Modi government on the whole issue, alleging it of running Delhi by proxy. He tweeted, “BJP first lost Del elections. Today’s notification shows BJP’s nervousness abt our anti-corruption efforts. BJP again lost today”.

He equaled Modi’s PMO with London and Najeeb Jung as the Viceroy who was taking orders from the PMO to run Delhi. Clearly, apart from reacting to the step taken by the Centre, it was also yet another attempt to convert this whole episode into a ‘Modi Vs Kejriwal’ fight. Now, with a changed and mainstreamed Kejriwal, that is not going to happen. Majority of those who voted for him take his words with ‘fistfuls of salt’ now. And within 100 days only.

And it also tells us the war (or the latest letter war) is not over yet. Those who know Kejriwal (and obviously everyone knows him now), the MHA notification may even exacerbate it.

After all, apart from hitting him on the core issue, it also says that the Anti-Corruption Branch (ACB) of the Delhi Government, an important unit in the ‘Kejriwal’ scheme of things, cannot ‘take cognizance of offences under against officers, employees and functionaries of the Central Government’.

Related posts:
DELHI: WE ALL ARE FEELING ‘OBFUSCATED’ BY THIS VITIATING ATMOSPHERE
WHO IS MORE POWERFUL – DELHI L-G OR DELHI CM?
L-G VS CM: HOPE, ATTITUDINAL AIRS WILL SEE SOME REVERSAL FROM TOMORROW
KEJRIWAL IS DOING MANY THINGS. KEJRIWAL IS NOT DOING ANYTHING.
KEJRIWAL’S CONFRONTATIONAL ATTITUDE

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

DELHI: WE ALL ARE FEELING ‘OBFUSCATED’ BY THIS VITIATING ATMOSPHERE

We all are feeling ‘obfuscated’ by this vitiating atmosphere. Some of us had faintly, vaguely hoped that they would hesitate in taking the matter further after meeting Pranab Mukherjee, the President of India.

Yes, we had no way to know what transpired in two meetings on May 19, even if Manish Sisodia, the deputy Chief Minister of Delhi, expressed satisfaction and called a meeting of all secretaries last morning.

But we hoped the situation would not be so flared up and tense yesterday.

But the ‘yesterday’ in the political logbook of Delhi saw an even bitter display of the hostility between two topmost functionaries – the Delhi Lieutenant-Governor Najeeb Jung, the Constitutional representative of the Union Government, in this case the National Democratic Alliance’s government led by Narendra Modi of Bhartiya Janata Party (BJP) – and the Delhi Chief Minister Arvind Kejriwal, from the Aam Aadmi Party (AAP) who take reins of the city-state for the second time this February.

Though we did not hear much about the proposed meeting of Delhi secretaries that Manish Sisodia had called after meeting the President, Delhi saw a lengthy meeting of IAS officers last evening. Reportedly, the IAS officers of AGMUT cadre are displeased with the AAP and Arvind Kejriwal’s government and had called the meeting to deliberate over the resultant issues.

But first about Delhi L-G Vs Delhi CM.

After meeting the President, Kejriwal shot a letter to the Prime Minister Narendra Modi blaming the Union Government of trying to run Delhi through the Delhi L-G.

In response, Jung, furthering the letter war and taking it to an even more bitter level, cancelled all the appointments by the Delhi government in the past four days. In a letter sent to Kejriwal, Jung alleged the government of ‘obfuscating’ the atmosphere in Delhi by interpreting the Constitution in Kejriwal’s own way, and he blamed it was in violation of the norms.

The battle got worsened, on a day we hoped to get some sort of restraint. Jung cancelled all bureaucratic appointments where he was not consulted. On the other hand, Kejriwal has ordered his officials to not consult the L-G in Delhi government’s matters.

Kejriwal hit back on L-G’s letter asking him under what provisions of Indian Constitution, Delhi Act and Transaction of Business Rules in the context empowered him to do so.

And in the line of fire are the officials the Civil Services.

The Delhi L-G is asking them to not obey the Delhi CM and the Delhi CM is asking them to not follow the orders of the Delhi L-G. And they don’t know whom to follow. IAS officers of Delhi termed the treatment being meted out to them in words like ‘harassment, character assassination and public humiliation’ in the meeting.

What else can we say when Manish Sisodia openly says that they were operating a ‘transfer-posting’ industry in Delhi. We are not left with any options but to think so when office of a secretary is sealed by the Delhi Government for following orders of the L-G. We don’t know if Shakuntala Gamlin is pro-corporate but Arvind Kejriwal criticises her publicly. Delhi Government alleged she was acting for a corporate house and it wanted to remove her from power secretary post, yet she figured in Manish Sisodia’s list sent to the L-G to shortlist the acting chief secretary. With objectionable points like this, what else can we think?

The follow up of the controversy may throw two consequences. IAS officers of Delhi may take a tough stand and openly rebel. Or the Delhi government may come up with the proposal to withdraw the completely IAS cadre from service under it.

Union Government, so far, has not reacted on affairs in Delhi. Union Home Minister Rajnath Singh has advised L-G and CM to sit together and resolve the deadlock. But, the Centre discussed the issue with Attorney General Mukul Rohatgi yesterday. Also, the state unite of the party is blaming the AAP for Constitutional crisis in Delhi. Vijender Gupta met the President today to demand his intervention in the matter.

We hoped yesterday would be a day of restraint after meetings with the President. That didn’t happen. We now hope the President would release a response in the matter to clarify the Constitutional position in Delhi as the concerned parties decided not to follow his verbal advice.

But we have to say its effectiveness would be doubtful if it comes out to be anti-AAP response. Kejriwal and his government may continue with the stand in that case. Court would be then the final place then to resolve the crisis.

Delhi has not seen such situation before – tension between the Delhi L-G and the Delhi CM so scaled up.

Due to unique nature of Delhi, being a city-state and the national capital of India, it is governed by different set of laws than other Union Territories including Pondicherry. The different set of laws derive from the Indian Constitution, different provisions of the GNCTD Act and the Transaction of Business rules and the Union Government has a serious stake in running it.

And that it does through its representative, the Lieutenant-Governor. In fact, many important administrative aspects of Delhi, i.e., law and order, security and lands are with the Union Government. Delhi Police and Delhi Development Authority are not under the Delhi CM. All three municipal corporations of Delhi are ruled by the BJP.

Delhi’s ruling politicians and bureaucrats, so far, have found a mid-way to get out of the situation arising out of this segregation of responsibilities – of two power centres in the Capital. Even Tejendra Khanna was not a titular head even if Congress had governments, both in Delhi and at Union level.

Kejriwal wants to change that. He wants supremacy of his elected government. He wants Delhi Police under his control. He wants Delhi to be recognized as full state. During his previous term of 49 days, he even sat on a protest for it.

And the recent episode of the controversy with the Delhi L-G has its origin in his such aspirations. The controversy that began with the appointment of Shakuntala Gamlin will see its conclusion in a court if the warring parties do not listen to the President.

That may be a blessing in disguise because laws governing Delhi presents a shady, grey area that has divided even the Constitutional experts. The court ruling in that case would be the final word then.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/