Officers who 'obstructed' work will face music, warns Kejriwal after SC verdict
New Delhi: Delhi Chief Minister Arvind Kejriwal on Thursday said the speed of work in the national capital will increase manifold following the Supreme Court verdict on administration of services as his hands were earlier tied and also announced that the officers who “obstructed” the work of the people will soon “face the music”.
His remarks came after the Supreme Court, in a unanimous verdict, ruled that the Delhi government has legislative and executive powers over services except for public order, police and land.
Addressing a press conference following a meeting with his Cabinet colleagues at the Delhi Secretariat, Kejriwal said those officers who obstructed the work of people of Delhi will face the music in the coming days.
“My hands were tied and I was thrown in the water to swim. But we managed to stay afloat. Despite all obstacles, we did good work in Delhi,” he said.
Kejriwal thanked the people of Delhi for supporting him throughout his fight and said they will “work to prepare a lean, thin, responsive and compassionate government”.
“We gave a model of education to the country. The work will happen at 10 times speed it was happening earlier. Delhi will now present a model of able governance to the entire country,” he said.
Kejriwal said he will also meet LG VK Saxena later in the day to seek his blessings.
On being asked about the Anti-Corruption Branch, he said, “The ACB is not with us but vigilance will now be with us. Disciplinary proceedings can be initiated against officers who do not work properly.”
Asserting that an elected government needs to have control over the administration, a five-judge constitution bench of the apex court headed by Chief Justice D Y Chandrachud said the Union Territory of Delhi has “sui generis (unique) character” and refused to agree with the 2019 judgement of Justice Ashok Bhushan that the Delhi government has no power over the issue of services.
CHRONOLOGY
Following is the chronology of events which culminated in the Supreme Court Thursday ruling unanimously that the Delhi government has legislative and executive powers over administration of services except for public order, police and land:
* May 21, 2015: Union Home Ministry issues gazette notification saying the LG will have jurisdiction over matters connected with services, public order, police and land and he may consult the chief minister whenever he thinks necessary on issues of services using his own “discretion”.
* May 26, 2015: PIL filed in HC against Centre's May 21 notification giving powers to LG to appoint bureaucrats in Delhi.
* May 28, 2015: Delhi government moves HC against Centre's notification on LG's powers. Centre moves SC against HC's May 25 order terming as “suspect” its notification.
* May 29, 2015: HC asks LG to consider Delhi government's proposal on shifting nine bureaucrats from one post to another.
* Jun 10, 2015: HC refuses to stay MHA notification on powers related to Anti-Corruption Bureau (ACB).
* Jun 27, 2015: Delhi government moves HC to restrain LG appointee ACB chief M K Meena from entering anti-graft body's office.
* Jan 27, 2016: Union government tells HC that Delhi is under Centre's control and not a full-fledged state.
* Apr 5, 2016: AAP government asks HC to refer to larger bench petitions on powers of LG on governance of Delhi.
* Apr 6, 2016: Delhi government tells HC it was competent to set up a commission to probe allegations of corruption in awarding licence to conduct CNG fitness tests.
* Apr 19, 2016: AAP government withdraws from SC its plea seeking setting up of a larger bench in HC.
* May 24, 2016: HC reserves order on AAP government's plea for a stay on proceedings on the petitions arising out of its stand-off with LG over powers to appoint bureaucrats in the national capital and other issues.
* May 30, 2016: HC turns down AAP government's request to first decide its stay application.
* Jul 1, 2016: SC agrees to hear AAP government's plea seeking a direction that HC be restrained from delivering judgement on issues, including the scope of powers of the city government to exercise its authority in performing public functions.
* Jul 4, 2016: Justice J S Khehar of SC recuses from hearing AAP govt's plea on declaration of powers of Delhi as a state.
* Jul 5, 2016: Justice L Nageshwar Rao of SC also recuses from hearing Delhi government's plea.
* Jul 8, 2016: SC refuses to entertain Delhi government plea to first decide the preliminary issue as to whether it has the jurisdiction over disputes between the Centre and the state or is it “exclusively” triable by the apex court.
* Aug 4, 2016: HC says LG is administrative head of National Capital Territory and AAP government's contention that he is bound to act on the advice of Council of Ministers was “without substance”.
* Feb 15, 2017: SC refers to constitution bench the pleas on Delhi-Centre row over governance.
* Nov 2, 2017: Constitution bench of SC commences hearing.
* Nov 8, 2017: SC observes that responsibilities conferred upon LG are not absolute.
* Nov 14, 2017: SC raises a question if constitutional scheme on division of executive powers between the Centre and the states can be made applicable to the union territory of Delhi.
* Nov 21, 2017: Centre opposes AAP government's submissions in the SC, says Delhi has been accorded “special status” among union territories but that does not make it a state.
* Dec 6, 2017: SC reserves judgement on a batch of pleas on Delhi-Centre power tussle after hearing arguments for 15 days.
* Jul 4, 2018: SC says LG does not have independent decision making powers, and is bound to act on the aid and advice of the Council of Ministers. Upon deciding the interpretation of Article 239AA, the appeals directed to be listed before a regular Bench to decide the specific issues.
* Feb 14, 2019: Two-Judge bench delivers two separate judgments, recommends to CJI to set up three-judge bench to finally decide the issue of control of services in the national capital.
* May 6, 2022: Three-judge bench refers the issue of control of services in Delhi to five-judge constitution bench.
* Nov 9, 2022: Five-judge constitution bench commences hearing the matter.
* Jan 18, 2023: SC reserves judgment.
* May 11: SC rules that Delhi government has legislative and executive powers over administration of services except for public order, police and land.
