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Centre clarifies on powers of Delhi LG, elected govt., AAP condemns move

 
Kejriwal slams Centre's notification on LG's powers
The Centre today sought to settle the public power tussle between Delhi Chief Minister Arvind Kejriwal and Lt. Governor Najeeb Jung by issuing a notification which made it clear that, under the Constitution, the Lt. Governor was the "administrator" of the National Capital Territory of Delhi.
 
In the notification, issued by the Ministyr of Home Affairs (MHA) superseding  an earlier notification of September 24, 1998, the President has directed that , subject to his control and further orders, the Lieutenant Governor shall in respect of matters connected with the 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.
 
The notification pointed out that Article 239 of the Constitution provided that every Union Territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
 
Article 239AA provides that the Union Territory of Delhi shall be called the National Capital Territory of Delhi and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.
 
The notification said sub­clause (a) of clause (3) of article 239AA states that the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union Territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2, and 18.
 
Entry 1 relates to 'Public Order', Entry 2 relates to 'Police' and Entry 18 relates to 'Land'.
 
The sub­clause also qualifies the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union Territories. 
 
The notification drew attention to Entry 41 of the State List which deals with the State Public Services and State Public Sevice Commission which do not exist in the National Capital Territory of Delhi.
 
It also pointed out that the Union Territories Cadre consisting of Indian Administrative Service (IAS) and Indian Police Service (IPS)personnel is common to Union Territories of Delhi, Chandigarh, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli, Puducherry and State of Arunachal Pradesh, Goa and Mizoram which is administered by the Central Government through the Ministry of Home Affairs.
 
Similarly DANICS and DANIPS are common services catering to 
the requirement of the Union Territories of Daman & Diu, Dadra Nagar Haveli, Andaman and Nicobar Islands, Lakshdweep including the National Capital Territory of Delhi which is also administered by the Central Government through the Ministry of Home Affairs. 
 
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"As such, it is clear that the National Capital Territory of Delhi does not have its own State Public Services. Thus, 'Services' will fall within this category.
 
The notification said that it was well-established that where there was no legislative power, there was no executive power since executive power is co­extensive with legislative power.
 
it said that matters relating to Entries 1, 2 & 18 of the State List being 'Public Order', 'Police' and 'Land' respectively and Entries 64, 65 & 66 of that list in so far as they relate to Entries 1, 2 & 18 as also 'Services' fall outside the purview of Legislative Assembly of the National Capital Territory of Delhi and consequently the Government of NCT of Delhi will have no executive power in relation to them and that that power in relation to these subjects vests exclusively in the President or his delegate, the Lieutenant Governor of Delhi.
 
"Now, therefore, in accordance with the provisions contained in article 239 and sub­clause (a) of clause (3) of 239AA, the President hereby directs that ­-
 
(i) subject to his control and further orders, the Lieutenant Governor of the National Capital Territory of Delhi, shall in respect of matters connected with the 'Public Order', 'Police', 'Land' and 'Services' as stated hereinabove, 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 Lieutenant Governor of the National Capital Territory of Delhi may, in his discretion, to obtain the views of the Chief Minister of the National Capital Territory of Delhi in regard to the matter of 'Services' whereever he deems it appropriate," the notification said.
 
The notification also made it clear that the Anti-Corruption Bureau of the Delhi Government had no jurisdiction over bureaucrafts and police officers belonging to the Central Government and working for the Delhi Government.
 
The current controversy arose after Mr Jung had appointed Ms Shakuntala Gamlin as the interim Chief Secretary, overriding the objections raised by Mr Kejriwal, who had alleged that she had lobbied for power distribution companies in the capital.
 
Mr Kejriwal and his Aam Aadmi Party (AAP) slammed the notification, saying that it showed how nervous the ruling Bharatiya Janata Party (BJP) at the Centre had become after the recent Delhi Assembly elections in which his party had won 67 of the 70 seats.
 
Union Finance Minister Arun Jaitley, however, said the notification was aimed at clarifying the powers of the elected Delhi government and the Lt. Governor.
 
NNN
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