Kejariwal's Kismat connection

Kejariwal's Kismat Connection: कभी ख़ुशी कभी गम

Some facts about Delhi, LG and elected Government:

1.    Delhi is an Union territory with special status or a state with limited status

2.    LG draws power from article 239AA of the constitution.

According to article 239AA (4), “There shall be a Council of Ministers consisting of not more than ten per cent, of the total number of Members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise to his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion. Provided that in the case of difference of opinion between the Lieutenant Governor and his ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.”

In view of the above provision let us decode the whole supreme court proceedings and order there after. Just to make it simpler for understanding, it is placed in form of dialogue between Shri Kejariwal and Supreme court.
Kejariwal: Under 239AA and its proviso, can the LG refuse to act on the basis of the aid and advice of the state government?

Supreme court: Yes, and in such a situation, he can refer the matter to the President, and will be bound by what the President says.
Kejariwal: Shall the LG differ in every matter whatsoever and refer them to the President?

Supreme Court: No, this doesn’t mean he can—or should—differ on each and every small or petty matter, and he should facilitate and not obstruct governance. It needs to be an important or crucial matter only. Note: (“important” or “crucial” matters are not defined by Supreme Court, hence it is again a discretionary decision of the LG as to which case is to be referred to the president and which is not to be.)

Kejariwal: Will the services come under state government?Supreme Court: Judgement is silent on it.(Note: Since these are officers belonging to the Union cadre, UT cadre, and so on. Therefore, disciplinary control, transfers etc. are sole responsibility of central government.)

If sermons by Supreme Court on democratic and constitutional morality is set aside there is no alteration on Delhi high court’s verdict on August 2016. However solace can be drawn by Shri Arvind Kejariwal on decision which says that the difference of opinion by the LG can be on important and crucial matters only, not routine ones. It leaves game open ended for both the parties for future tussles. The LG may refer the matter to the President and State government may refer such dispute to the court, claiming that it is not a crucial matter.Show must go on.Jai hind.
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