Delhi Services Bill Foiled Arvind Kejriwal's Plans to Create Rift Between Modi Govt and SC

The Delhi Services Bill, which was passed by the Lok Sabha on August 3, 2023, has been a contentious issue between the Modi government and the Arvind Kejriwal-led Aam Aadmi Party (AAP) government in Delhi. The bill seeks to amend the Government of National Capital Territory of Delhi Act, 1991, and give more powers to the Lieutenant Governor (LG) over the administration of Delhi, especially in matters related to the transfer and posting of officers belonging to the all India services and DANICS. The bill also states that the LG's opinion shall be obtained before taking any executive action based on the decisions of the council of ministers or the Delhi Assembly.

The AAP government has strongly opposed the bill, calling it an assault on the federal structure and the autonomy of Delhi. Kejriwal has accused the Modi government of trying to undermine his authority and interfere in his governance. He has also alleged that the bill is a ploy to create a rift between him and the Supreme Court, which had ruled in favour of his government in a landmark judgment in 2019.

The Supreme Court had held that the LG has no independent decision-making power and has to act on the aid and advice of the council of ministers, except in matters related to police, public order and land. The court had also clarified that the LG cannot act as an obstructionist and has to refer any difference of opinion with the council of ministers to the President for a final decision. The court had also stated that the power of transfer and posting of officers falls under the domain of the elected government.

However, the Modi government has defended the bill, saying that it is in line with the constitutional scheme and does not violate the Supreme Court's verdict. The government has argued that the bill is aimed at ensuring better coordination and harmony between the LG and the council of ministers, and providing clarity on their respective roles and responsibilities. The government has also claimed that the bill will improve efficiency and accountability in governance, and prevent any misuse of power by either side.

The bill has also received support from some opposition parties, such as BJD and YSRCP, who have said that it will strengthen democracy and federalism. However, other opposition parties, such as Congress, TMC, DMK, RJD, SP and BSP, have joined hands with AAP in opposing the bill, calling it anti-democratic and unconstitutional. They have also accused the Modi government of encroaching upon the rights of states and undermining cooperative federalism.

The bill is now pending in Rajya Sabha, where it is likely to face stiff resistance from the opposition. The AAP government has also announced that it will challenge the bill in the Supreme Court if it becomes a law. It remains to be seen whether Kejriwal's plans to create a rift between Modi govt and SC will succeed or backfire.

Source:

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