SC overruled, Delhi cheated

The recent ordinance promulgated by the Modi government, stripping Delhi’s elected government of its powers, raises serious concerns about the erosion of democracy and the disregard for Raj Dharma. The move cannot be dismissed as mere vendetta against Arvind Kejriwal; its implications go much beyond personal animosity. This ordinance directly attacks the judiciary, whose orders from just a week ago it overrules, and it denies the people of Delhi their democratic rights by granting disproportionate power to unelected individuals.

For the last eight years, the Modi government has used multiple strategies to put the brakes on the growing popularity of the Kejriwal government. Bureaucratic hindrances, misuse of central agencies such as CBI and ED to implicate high-performing ministers, and other methods of coercion have been routinely employed to obstruct the Delhi government’s functioning. Thus, the recent ordinance is not the first instance of the Modi government subverting democratic norms and an elected government, but it is exceptionally significant in its complete disregard for the Supreme Court’s judgement.

In 2015, the BJP-appointed L-G first took away the powers of an elected government by subverting the Constitution through an unlawful notification, stating that he has control over the services in Delhi. It took a rigorous eight-year legal battle to restore the powers rightfully to the Delhi government. But it took the Centre merely eight days to override that judgement through an ordinance.

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An ordinance is a temporary law or regulation issued by the government to address urgent or extraordinary situations, such as during emergencies or when the legislative body is not in session. It bypasses the regular legislative process and allows the government to enact laws without parliamentary approval. The urgency shown by the government in this particular case has no real basis, until one looks at the timing of it coinciding with the Supreme Court’s summer break.

Perhaps, the Centre has a message for the judiciary. That their judgments and constitutional interpretations can be overridden by the ruling government. The BJP desires a judiciary that aligns with its agenda rather than one that impartially interprets and upholds the law. If it doesn’t, the BJP will do what it wants to do anyway.

The judgement itself had in no uncertain terms marked the boundaries for both the L-G and the elected government. Except for the three reserved subjects -- land, public order and police -- the elected government was granted the power to control various departments (including the services), deemed essential to govern Delhi. The judgement noted, “If the officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected”. The L-G was directed to act on the aid and advice of the “government elected by the electorate of Delhi and must be interpreted to further the cause of representative democracy”, the CJI stated.

Denying power to the elected government means denying the people of Delhi their democratic right. An overwhelming majority of people have elected this government, not once but four times in a row. The Kejriwal government has been chosen by the people repeatedly based on its performance and is mandated to deliver on its promises.

By overriding the elected government, powered by a historic mandate, the BJP has snatched all the power from the people, crushing the hopes and aspirations of 20 million citizens who have chosen their representatives.

The ordinance will enable the BJP-led Centre to establish control over Delhi by using the L-G as their proxy. This means that an unelected BJP member, placed in a constitutional position, now has sway over the decisions of the elected MLAs and Chief Minister of Delhi.

The ordinance is also an assault on the judiciary and an infringement on the ‘basic structure’ of the Constitution. Modi’s attitude towards the judiciary and justice is the complete opposite of what has been regarded as Raj Dharma in India. Had Atal Behari Vajpayee, the BJP stalwart and its most astute moral compass, been alive today, he would have perhaps once again reminded Modi of the need to follow
Raj Dharma.

While we are busy trying to decode the meaning and implications of this ordinance, the message to the people of Modi’s ‘New India’ is loud and clear -- that the access to justice and protection of people’s rights stands in peril. The BJP has put its political interest above democratic and constitutional propriety, leading to a sense of insecurity and doubt in the effectiveness of constitutional institutions, including the judiciary.

Irrespective of the BJP’s success in securing parliamentary approval for the ordinance, its actions have already undermined the judiciary and the democratic will of the people. Yet, for Modi’s BJP, when it comes to defeating Kejriwal electorally and winning the hearts of Delhi’s people, dilli dur ast.

(The writer is a national spokesperson of the Aam
Aadmi Party)