Jung asserts his power

Lieutenant Governor Najeeb Jung on Wednesday asserted his constitutional superiority in the Union Territory and reversed all “unconstitutional” orders of Delhi Chief Minister Arvind Kejriwal related to transfers of officials and movement of files.

In a letter to Kejriwal, Jung clarified the constitutional position and reasserted his primacy in taking vital decisions, including transfers of principal secretaries and secretaries.  Sources in the Kejriwal government claim that the chief minister has reacted angrily to the letter by questioning the provisions under which the Lieutenant Governor was trying to allegedly usurp the powers of the elected government.

Amid signs of the power-sharing controversy reaching court steps, a Raj Niwas statement drew a Lakshman Rekha for Kejriwal by reminding him that by asking officers to bypass Jung and putting up files directly to ministers, the chief minister had tended to “obfuscate” the special position that Delhi has as the National Capital.

On the issue of Kejriwal’s orders on transfer of officials, the statement said, “The Lieutenant Governor has reiterated the Constitutional and Rule position to the chief minister and conveyed that the situation and procedure prior to the issue of the letter dated May 16 shall continue.” The letter, in effect, upheld the appointment of the new acting chief secretary Shakuntala Gamlin and restored Anindo Majumdar as Principal Secretary (Services), while stripping Kejriwal’s aide Rajender Kumar of the additional responsibility of the Services department.  “These orders and communications (by the Delhi govt) have tended to obfuscate the special position that Delhi has, as the National Capital, which is significantly different from other states. Delhi is a Union Territory with a Legislative Assembly and not a state and therefore, has important points of distinction. It is, therefore, necessary to issue these clarifications,” the statement added.

“The Lieutenant Governor is required under the Constitution and through the delegation of powers made to him by the President, to act in his executive capacity, in his discretion, in consultation with the chief minister where deemed necessary,” the L-G’s office said, striking down the Chief Minister’s direction to officers to put up all files