Odds stacked against Delhi CM Arvind Kejriwal; experts in favour of LG Najeeb Jung

NEW DELHI: In the nasty “follow the Constitution” face-off between Arvind Kejriwal and Najeeb Jung, the odds are stacked against the chief minister due to the unique administrative character of Delhi.

Though Kejriwal has been throwing the Constitution at Jung, experts feel that L-G may well be within his rights to appoint an acting chief secretary. SK Sharma, who served as Delhi assembly secretary under four chief ministers, told ET, "There has never been such a fight. Even when CMs did not get along with the Centre, they found a way to get work done. In Delhi, L-G is more powerful." He recalled how ML Khurana used to remark, "I am a mere chief secretary. Delhi CM has no powers."

Delhi’s unique character is brought out in Article 239 AA "Special provisions with respect to Delhi". It says, "There shall be a Council of Ministers consisting of not more than 10% of the total number of members in the legislative assembly, with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion." Unlike the role of the President who has to "act in accordance with the advice of the Council of Ministers", there is no such mention in case of Delhi.

"This basically means that in case of Delhi, L-G is not bound by the advice of Kejriwal and his ministers," says Sharma. Delhi has always followed the Centre’s rules. "If there is an increase in dearness allowance or any other central government decision, it automatically is replicated in Delhi," says Sharma and adds that by virtue of being the administrator, L-G is the head of services and officers in Delhi.

Constitutional expert SC Kashyap says: "The Union Territory is administered by L-G. The Council of ministers is to aid and advise him. In case of service matters, it is the L-G’s call. In such a matter the CM should go to L-G and sort out these matters."

ET contacted former Delhi L-Gs BL Joshi and Vijai Kapoor. While they didn’t want to be drawn into the controversy and remained tight-lipped about L-G’s powers, they pointed at Article 239 AA for clarification.

Supreme Court advocate Rajeev Dhavan said: "L-G is playing tricks with the Constitution. Who is the L-G to say there is no chief secretary therefore I will appoint my own? If the matter was so urgent why did he wait for 40 hours to make an appointment."