L-G's decision final, says Centre

With no end in sight for the confrontation between Arvind Kejriwal and Najeeb Jung, the Centre on Friday issued a notification making it clear that the Delhi Lieutenant Governor (L-G) need not consult the chief minister on issues like appointment of bureaucrats.

The note reiterated that the L-G would have jurisdiction over matters connected to services, public order, police and land though he “may” consult the chief minister “whenever he thinks necessary” using his “discretion”.

“Public order, police, land and services fall outside the purview of legislative Assembly of the National Capital Territory of Delhi and consequently, the government will have no executive power (on such matters)....It is well established that where there is no legislative power, there is no executive power since executive power is co-extensive with legislative power,” the notification said, adding that power in relation to public order, police, land and services “vests exclusively in the President or his delegate i.e. the Lieutenant Governor”.

The AAP and a section of legal experts found fault with the notification.

However, Finance Minister Arun Jaitley said the notification would “remove” all confusion regarding governance in the national capital and help the AAP government run the city efficiently.

“The circular issued by the Home Ministry is a clarificatory note. We do not want offices get locked,” he said.

Kejriwal reacted angrily and said: “The BJP first lost Delhi elections. Today’s notification shows BJP’s nervousness about our anti-corruption efforts. The BJP again lost today.”

Emphasising that he was getting the notification examined by legal experts for infirmities, he said the central government was trying to run Delhi through the backdoor.

The notification, which annuls the similar previous notification of 1998, came amid a raging confrontation between Jung and Kejriwal over the appointment of IAS officer Shakuntala Gamlin as acting chief secretary. It also said that the Anti-Corruption Branch police station should not take cognisance of offences against officials, employees and functionaries of these central services.

The gazette notification said the Union Territory (UT) cadre consisting of IAS, IPS personnel was common to UTs — Delhi, Chandigarh, Andaman and Nicobar islands, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli, Puducherry – and states of Arunachal Pradesh, Goa and Mizoram administered by the central government.