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New Delhi, May 22: The Union government today intervened and issued a notification clarifying the powers of the Lieutenant Governor on issuing postings and transfers of officers that goes against the office of the Chief Minister.
Chief Minister Arvind Kejriwal had questioned the powers of Lt Governor Najeeb Jung to order postings and transfers of the officers in Delhi administration arguing it was the prerogative of the elected chief minister.
The notification stated, “Subject to his control and further orders, L-G of the national capital of Delhi, shall in respect of matters connected with ‘Public Order’, ‘Police’, ‘Land’ and ‘Services’ exercise the powers and discharge functions of the central government to the extent delegated to him from time to time by the President”.
“Provided that L-G may, in his discretion, obtain views of CM of Delhi in regards matter of ‘Services’, wherever he deems it appropriate”.
The home ministry clarified that in matters like public order, including police and land, the L-G was competent to issues orders.
As per legal opinion, L-G was not bound to consult council of ministers but may consult if he/she so desired.
Article 239AA of the Constitution states that the Legislative Assembly of Delhi shall not have power to make laws relating to subjects such as public order, police and land.
What provoked confrontation between Kejriwal and Jung was the appointment of Shakuntala Gamlin as the officiating chief secretary. This was objected to by the AAP government which has come into power with unprecedented mandate. It is the elected government that is accountable to the people and not the L-G, whatever the constitutional position might be.
The issue is broader than just of the distribution of powers between the CM and the L-G and it is of the people’s mandate as the L-G is not accountable to the people.
