Delhi ordinance ‘unconstitutional’: AAP goes to Supreme Court, wants it paused
NEW DELHI,JUNE 30 : The Aam Aadmi Party (AAP) on Friday challenged the Centre’s Delhi ordinance in Supreme Court, calling it “unconstitutional” and “manifestly arbitrary”. The Arvind Kejriwal-led government sought an immediate pause on ordinance, contending that it “sidelines the elected government from control over its civil services”.
The party will also launch a massive phase-wise campaign led by Arvind Kejriwal from July 3 against the ordinance by burning copies of it.
The Centre’s ordinance issued on May 20 seekks to overturn a Supreme Court order which had given executive powers to the Delhi government in service matters, including the transfer and posting of officers.
WHAT DOES THE PETITION SAY?
The Delhi government, in its petition, said that the Centre’s ordinance “shows contempt for the elected government while making a pretense of their involvement through the chief minister”.
Calling the Centre’s ordinance “unconstitutional”, the AAP government said it violates the scheme of federal, democratic governance entrenched in Article 239AA (provision on the governance structure of Delhi). The plea said that under the scheme of Article 239AA, the Lieutenant Governor enjoys discretion only in matters falling outside the Government of the National Capital Territory of Delhi’s legislative and executive domain.
The Delhi government argued that as per the provision, the Lieutenant Governor is bound to act on the aid and advice of the Council of Ministers.
It added that the ordinance legislatively overrules a Constitution Bench judgement.
CENTRE’S ORDINANCE ON DELHI
The Centre brought an ordinance on May 19 to curtail the powers of Delhi’s elected government. The executive order was issued days after the Supreme Court handed over control of services in Delhi to the elected government, excluding those related to police, public order and land.
Following this, Arvind Kejriwal has been meeting different opposition parties across the country to garner support, claiming the ordinance will destroy the federal structure of the country.
While several non-BJP parties have supported the AAP over the ordinance, Congress is yet to denounce the issue.
During the opposition huddle in Patna on June 23, Arvind Kejriwal had insisted that the issue be brought up during the meeting but it escalated into a political slugfest.
West Bengal Chief Minister Mamata Banerjee then asked the AAP and the Congress to sort out their differences on the Delhi ordinance issue over tea and biscuits at a later date, reminding them that the Patna opposition meeting was not the ideal forum for such discussion, sources said.
-PTI
