The MHA said it has only advised the LG, based on a reference received from him, to follow the law.
NEW DELHI: Hours after Delhi Chief Minister Arvind Kejriwal claimed that Delhi Lt Governor Anil Baijal has refused to follow the Supreme Court order on the matter related to services department, the Centre has rubbished the allegations.
In a statement, the Home Ministry denied giving any advice to the LG to the ignore the Supreme Court order on powers related to Delhi government. It said the suggestion that it has advised the LG to not follow the Supreme Court order was “misleading”.
“The MHA has not advised the LG to ignore any part of the SC order. This is a misleading statement,” the Union Home Ministry said. The MHA said it has only advised the LG, based on a reference received from him, to follow the law. “This advice is based on the Ministry of law’s opinion that the Constitutional bench of the Supreme Court has clearly ordered that the matter be placed before the appropriate regular bench,” the statement said.
“In fact it would be against the law to take a final view on the matter related to services which is still pending before the regular Bench. This is also in accordance with the Proviso to Article 145(3) of the Constitution,” it said.
The Ministry’s response came after Kejriwal met Anil Baijal and said that the L-G does not agree that control of the services department should be handed over to the Delhi government. Kejriwal said that it was the first time in India’s history that the Central government had openly refused to obey the apex court’s order.
Kejriwal said that Baijal had told him that he had sought advice from the Ministry of Home Affairs and was told that services should not be given to the Delhi government.
“Supreme Court said that except three subjects, police, land and public order, Delhi government will have executive power on other subjects. LG does not agree that control of services should be handed over to Delhi government. LG sought advice from that MHA which told him that services should not be given to Delhi government. It is the first time in the history of India that the Central government has openly refused to obey the SC’s order…,” Kejriwal told reporters adding that it would lead to anarchy in the country.
Hours after the Supreme Court’s landmark judgement earlier this week, the Delhi government introduced a new system for transfer and postings of bureaucrats, making the chief minister the approving authority. However, the services department refused to comply, saying the Supreme Court did not abolish the notification issued in 2016 which made the MHA the authority for transfers and postings.