Ruling regime Aam Aadmi Party (AAP) on Sunday said that the Centre’s advice to the Delhi lieutenant Governor on the issue of services — transfers and postings of bureaucrats — was highly misleading and aimed at delaying the Supreme Court’s verdict on power tussle between the two constitutional functionaries.
The Ministry of Home Affairs (MHA) had advised l-G Anil Baijal not to take a final view on the matters related to the services as the apex court’s decision on the issue was still pending.
Countering the MHA’s stand, the AAP, however, issued a statement saying the Centre and the lG are “trying to delay the smooth functioning of the elected Government” in Delhi.
The party also said the MHA’s views on the landmark ruling were aimed at subverting the rule of law.
“The MHA views on the landmark five-judge Constitution Bench judgment of the Supreme Court are highly misleading and are aimed at subverting the rule of law.
“The MHA advice to the lieutenant Governor which, the Ministry said, is based on the Union law Ministry’s advice, is a clear attempt to spread deliberate misinformation with the intention of delaying implementation of the landmark Supreme Court verdict,” the party said in its statement.
It claimed the MHA was now trying to divert attention from the issue.
While the party claimed that the apex court has "reversed" the May 21, 2015 notification by which the MHA was made the authority for transfers and postings of bureaucrats in Delhi, the Centre has taken the stand that matter of services was still pending in the Supreme Court.
The apex court in its July 4 judgement had ruled that the lG has no independent power to take decisions and is bound by the elected government's advice.
The court had said barring the three issues of public order, police and land, the Delhi government has the power to legislate and govern on other issues.
The judgement, however, made it clear that Delhi cannot be accorded the status of a state under the constitutional scheme.