Kejri takes fight to Rashtrapati Bhavan

New Delhi, May 19
Amid conflicting opinions by legal and constitutional experts over the ongoing turf war between Delhi Chief Minister Arvind Kejriwal and Lt Governor Najeeb Jung, the warring sides reached President Pranab Mukherjee’s door today.
Jung met the President around 2 pm after which Kejriwal, accompanied by Deputy Chief Minister Manish Sisodia, sought his intervention to end the impasse. The ball is technically in the President’s court now. The Home Ministry is reportedly keeping a close watch on the latest developments in New Delhi.
Sisodia alleged that Jung was interfering in the government’s functioning as if there were President’s rule in Delhi. “The president is upset with what is happening in Delhi. We apprised him of our grievances and told that the L-G is trying to run Delhi as he wishes. The way the government is being bypassed and instructions are being issued directly to officials is not good for democracy. We have requested the President to intervene,” he said after meeting the President.
Meanwhile, Acting Chief Secretary Shakuntala Gamlin, whose appointment has been accepted by the Delhi Government after a face-off with the L-G, reportedly conducted the Cabinet meeting and signed important files related to various crucial decisions taken by the government today. The government had accepted the appointment of Gamlin as the Acting Chief Secretary, Sisodia told reporters.
Former Solicitor-General Indira Jaising has backed the Delhi Government saying the L-G cannot issue directives to appoint the Chief Secretary. “The political executive is constitutionally empowered to choose its own officers in accordance with the cadre….discretionary power to appoint a Chief Secretary cannot be found in the Constitution or any statute, hence there is no such power independent of an enumerated power… which falls under the individual discretionary powers of the Governor,” opined Jaising in her letter to the Delhi Government that had sought her opinion on the issue.
The Kejriwal government also received support from Supreme Court lawyer Rajiv Dhawan. Constitutional expert Subhash Kashyap, however, differed on the issue saying the last word is that of the L-G in a UT, which is centrally-administered by the President. The elected Council of Ministers is supposed to “aid and advise” the L-G, who is the administrative head as per Article 239AA of the Constitution, on various issues.
“Though the L-G is bound to accept the advice the government, there is a proviso to Article 239AA according to which in case of a serious difference of opinion, the L-G may refer the matter the President. During the pendency of the issue, the L-G’s order will prevail,” he said.
President requested to intervene
The President is upset with what is happening in Delhi. We apprised him of our grievances and told him that the L-G is trying to run Delhi as he wishes. The way the government is being bypassed and instructions are being directly issued to officials is not good for democracy. We have requested the President to intervene — Manish Sisodia, Delhi Dy CM
Sisodia calls meeting of all senior babus
Delhi Deputy Chief Minister Manish Sisodia has called a meeting of all chief secretaries, secretaries and departmental heads of the Delhi Government on the Government of National Capital Territory of Delhi (Transaction of Business) Rules, 1993, Constitution and the Government of National Capital Territory of Delhi Act, 1991, on Wednesday.