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Business News/ Politics / Policy/  Office of lieutenant governor can’t be equated to that of governor’s: Sanjay Jain
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Office of lieutenant governor can’t be equated to that of governor’s: Sanjay Jain

Additional solicitor general Sanjay Jain says conflict between AAP government and centre began when Delhi started making decisions without consulting L-G

Additional solicitor general Sanjay Jain. Photo: Ramesh Pathania/MintPremium
Additional solicitor general Sanjay Jain. Photo: Ramesh Pathania/Mint

New Delhi: On 4 August, the Delhi high court ruled that the lieutenant governor (L-G) of Delhi is the administrative head of the National Capital Territory, ending the prolonged tug of war between the central government and the Aam Aadmi Party (AAP) government over administrative powers.

This came after almost a year of deadlock, which saw the L-G and the AAP government clashing over bureaucratic appointments, law and order, and routine government matters.

Additional solicitor general Sanjay Jain, who represented the centre, explains the core issues and how the judgement would affect the way in which future decisions are taken in Delhi. Edited excerpts from an interview: 

What events led to the conflict between the centre and the state government with respect to administrative decision-making in Delhi?

The conflict began when the state government began taking matters in its own hands and began making decisions for Delhi independently without consulting the L-G. They constituted inquiry commissions, challenged appointments and conducted probe in matters without involving the central government.

Delhi cannot be equated with a Union territory (UT) like Puducherry because those places can still have a different model for governance with a governor, as would be in any other state. But for a place like Delhi, which happens to be the capital of the country, there are certain things that the central government needs to retain control over.

Sanjay Jain, 54Jain is the additional solicitor general at the Delhi high court and has more than 30 years of experience as a practising lawyer. As an officer of the court, he presents arguments on behalf of the central government in various cases. He has represented the Centre in landmark cases such as the one related to suspected irregularities in the allocation of coal blocks and in the challenge brought by telecom companies against an order that they compensate consumers for call drops.

Therefore, in Delhi, a full- fledged state government is inconceivable, impractical and unviable, which is why Delhi cannot follow a model of governance as a state or any other UT.

In order to put an end to the single-handed administration of Delhi, a notification was passed by the centre on 21 February 2015, where it was mentioned that the state government would not interfere in certain central services. This was challenged in the Delhi high court.

Why is it that the conflict arose during the AAP’s tenure as ruling party while it wasn’t the case during previous governments in Delhi?

In my opinion, the main catalyst for this conflict to have arisen is perhaps a deliberate attitude of confrontation which was strategically taken by the current state government to explain to the people the reason for not being able to fulfil its election promises. They knowingly overstepped from the well-defined limits and tried to pass on the decisions taken by them as the correct decisions.

How would you explain the importance of article 239AA, a provision highlighting special provisions for Delhi?

Article 239AA simply says that Delhi as a capital will remain a UT; therefore, it cannot be a full-fledged state. It holds that now Delhi will have its own council of ministers and except for certain subjects in which they will not have any legislative power, rest of the issues they will continue to have decision-making power.

Prior to 1991 also, the office of L-G had primacy, acting as an administrator. These powers of the L-G were consciously left unabated under the revised model of governance brought under article 239AA.

The ruling has upheld Delhi’s status of being a UT; will this actually help resolve issues in terms of appointments, initiating inquiry and other matters concerning land and public order?

This judgement has punctured the cloud of confusion and clarified a pre-existing legal position. The ruling reiterates that so far as Delhi is concerned, it is not a full-fledged state; so, the L-G’s office cannot be equated to the office of a governor. It has further clarified that there would be situations when Delhi needs central government resources of which they are the controlling authority, and in such situations the Delhi government cannot decide independently.

What decision-making power does that leave the Delhi government with?

The powers assigned to the council of ministers have in no manner been eradicated because the L-G is supposed to act in aid and advice of the council of ministers. The decisions taken by them are independent, and L-G is there to only flag certain issues. It is only those subjects which are reserved with the central government in which when the state government tried to take a decision that the L-G put his foot down.

How long would a typical administrative decision, to be taken under the concurrence of the centre and the state government, take?

Suppose today the council of ministers takes a decision and sends the file to the L-G, which is accompanied by a letter specifying that the matter is of extreme importance, the L-G would then get back in a couple of days. If he disagrees, he will convey the same. The council of ministers can then consider his disagreement or stand by their original decision and send it back to the L-G. This whole process can take place in three-four days. If the L-G refers it to the President, that will take another day. Also, till the time the President resolves the controversy, some decision- making with regard to the particular situation in the interim period will operate.

What about the status of cases which have been dismissed under the ruling, where the Delhi government had taken decisions without going through the LG?

Something which has been created has to be formally brought down, for which I believe that the office of the L-G would be recalling the decisions. A few of those cases where decision has been taken followed by creation of a body such as creation of the commission of inquiry, will have to be formally withdrawn.

Other decisions with regards to initiation of enquiries or investigation or some kind of disciplinary proceedings against central government employees, appointments, etc. can be set right by the L-G. (The process seems to have begun with the L-G appointing a three-member panel on 30 August to examine over 400 files submitted to him by the Delhi government to look into omissions and fix liability as per news agency Press Trust of India’s reports.)

The Delhi government is likely to file an appeal in the Supreme Court (SC), which means that the matter would remain under litigation. How would that in any way affect the conflict?

If SC stays the operation, then the state government would continue to take decisions without consulting the L-G, leading to conflict yet again. This will lead to delay in execution of schemes, implementation of any welfare measures and the common man would suffer. All possibilities are open. As of now, if the Delhi government accepts to work in harmony with the central government, governance of Delhi can continue in a smooth fashion.

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Published: 31 Aug 2016, 12:28 AM IST
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