In its bid to end the stalemate over the Transaction and Business Rules and power tussle between Delhi lieutenant-Governor Najeeb Jung and Chief Minister Arvind Kejriwal, the Ministry of Home Affairs (MHA) on Friday issued a gazette notification reaffirming that the powers of the l-G as a supreme authority of Services Department. This notification strengthens the stand of l-G that he is the supreme authority for transfer and posting of officials as head of Services Department. The notification also clarified that it was not mandatory for the l-G to consult the CM on matters like appointment of bureaucrats.
The gazette notification said that the l-G has jurisdiction over matters connected with services, public order, police and land and he may consult the CM whenever he thinks necessary in issues of services using his own “discretion”. It is well established that where there is no legislative power, there is no executive power since executive power is co-extensive within legislative power, it said. “Public order, police, land and services fall outside purview of legislative Assembly of the National Capital Territory of Delhi and consequently the Government of NCT of Delhi will have no executive power” on such matters, accordingly to the notification. With this notification, the l-G has become more powerful and it may be difficult for the Delhi Government to assert itself in the future.
Hours after the MHA’s notification, Kejriwal said it showed the nervousness of the BJP and the Centre over the anti-corruption efforts by his Government. “The BJP first lost Delhi elections. Today’s notification shows BJP’s nervousness about our anti-corruption efforts. The BJP again lost today(sic),” Kejriwal said in his tweet.
The CM charged that Jung is just the face and the orders to him are coming from the PMO. “Pre-Independence, Queen of England used to send notifications to the Viceroy here. Now, Jung sahab is the Viceroy and the PMO is london,” he said, adding the AAP Government was taking views of constitutional experts on the notification and a decision will be taken accordingly.
“Earlier, a lot of money was changing hands for transfers but now that has ended under the AAP Government’s three-month rule. Once we did it, the Congress and the BJP failed to get contracts in Delhi...Then they went to the PMO. Now, they have brought this notification as both the parties want to have their own officers in Delhi and get Government contracts for their own people and that is why they want control over the transfer-posting industry through the l-G. By bringing in the notification, the Centre has back-stabbed the people of Delhi,” Kejriwal said.
The notification makes the l-G supreme on the services matters. Now this may prove strong impediment in the way of Delhi Government to secure all the transfer and postings at its wills that was happening in the last 20 years. During previous years, the power was vested with the l-G but the Chief Minister’s order always prevailed as per convention.
All the transfer and posting of all officials is done by Services Department and thus this department holds the key for deployment of officials at all level. However, as per convention, Chief Minister’s recommendation for transfer/posting of official is honoured by the l-G in most of the cases. In case of dispute, the l-G is naturally supreme authority as per MHA’s notification. In fact the notification becomes strong significant in maintaining flow of files from the l-G to the Chief Minister and the Chief Secretary. Thus these three will hold the important position while dealing with all important decision-making process. Thus the MHA’s notification put strong significant on the role of the Chief Minister and the Chief Secretary in the Delhi Government but strongly undermines the role of the deputy Chief Minister.
The notification said the l-G shall in respect of matter connected with public order, police, land and services exercise the powers and discharge the functions of the Central Government to the extent delegated to him from time to time by the President provided that the l-G may in his discretion obtain view of the Chief Minister in regard to the matter of “services” wherein he deems it appropriate.
It also said that the Anti-Corruption Branch shall not take cognisance of offences against officials, employees and functionaries of these Central Government services. This will supersede a 1998 notification. Similarly, DANICS and DANIPS officers are common services calling to the requirement of the Union Territories of Daman and Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands, lakshadweep and NCT of Delhi which is also administered by the Central Government through the MHA.
“As such it is clear that the NCT of Delhi does not have its own State public services, thus ‘services’ will fall within this category,” the notification said, quoting Article 239 and 239AA of the Constitution. The notification said the Union Territory cadre consisting of IAS, IPS service personnel is common to Union Territories of Delhi, Chandigarh, Andaman and Nicobar islands, lakshadweep, Daman and Diu, Dadra and Nagar Haveli, Puducherry and States of Arunachal Pradesh, Goa and Mizoram, which is administered by Central Government through the MHA.