The verdict did not favour any particular side. It simply reminded both the Lieutenant Governor (LG) and the elected Government of Delhi to work in cohesion for the welfare of the people. But even the most matured and balanced judgement of the apex court has failed to create conducive atmosphere for the smooth functioning of Delhi administration. Once again, both the sides are at loggerheads barely 24 hours after the verdict was delivered. This time the issue is the transfer of few top officials of the Delhi Government.
Buoyed by the Supreme Court verdict Delhi Chief Minister Arvind Kejriwal didn’t waste any time to transfer some officials. But the LG’s office refused to clear the file citing an old circular issued by the Central Government which categorically stated that the power in this regard solely lies with the Centre. But Kejriwal is adamant to adhere to the circular. He termed the refusal of his proposal as contempt of court. Citing the said verdict he stated that LG is duty bound to clear the files containing the transfer orders and wanted the Centre’s circular to be withdrawn.
But what he is not realising is that while passing the verdict, the Supreme Court though advising both the sides to work with cohesiveness, it did not say a single word about the posting and transfer of the officers. The silence can be interpreted as the Supreme Court’s satisfaction over the present arrangement. More, if the Centre has to withdraw the circular, it will have to create a new cadre for officers to be made available to Delhi administration. At present, the Delhi administration gets officers from Union Territory (UT) cadre pool. It effectively means that Delhi Government may have the sole charge of some departments but it will have to draw officers from the UT pool which is under the control of the Centre. So the Delhi Government has no power to transfer the officials without the approval of the Centre.
Moreover, despite claiming the verdict as a big victory, even for once, Kejriwal didn’t mention the fact that the verdict had clearly ruled out granting full statehood to Delhi which is his main demand. “National Capital Territory of Delhi cannot be accorded status of state,” the verdict says. So, clearly Kejriwal is the one who lost. It only proves that Kejriwal is power hungry like other politicians of the country. The only difference is that he used the call for corruption free governance successfully as a tool to grab power.
It is not believable that a bureaucrat turned politician like Kejriwal does not understand the simple legal position. But it’s a pity that instead of providing good governance, he has opted for a confrontational path. If he thinks that by proving that the Centre has adopted an obstructionist attitude towards his government, Aam Admi Party (AAP) will be able to remain in power forever, Kejriwal is mistaken. In a democratic set up, no force can remain in power for long without delivering the goods. So, instead of indulging in such destructive politics, Kejriwal should concentrate on the job in hand i.e. to deliver the goods to the people.
