The Modi Government and the Kejriwal Government are busy arm-twisting each other on the issue of transfer-posting of officers in Delhi. On May 11, 2023, a five- judge bench in the Supreme Court gave it’s decision, as to ‘ whom the Delhi officials would listen to.’ Accordingly, it clearly said that except public order, police and land, the Lieutenant Governor will work only with the advice and cooperation of the Delhi Government in all other matters. This implies that our National Capital, Delhi, is still under Kejriwal Government.
AAP Government is meeting big leaders of the opposition
Only after 8 days, the central government brought an ordinance in which this decision of the Supreme Court was overturned. That is, the lieutenant governor will rule Delhi again. Now the AAP Government is meeting big leaders of the opposition to prevent this ordinance from becoming a law. In 2015 the fight between Delhi Government and the Lieutenant Governor reached High court. In 2016, the Honorable High Court ruled it’s decision in favor of the governor. Again after this, the AAP Government appealed against this decision in the Supreme Court. A 5- member constitution bench ruled in favor of the AAP Government in July 2016. The court said that CM is the executive head of Delhi. The Lieutenant Governor cannot act independently without the advice and aid of the Council of Ministers. After difference of opinion among the judges, the matter went to a 3- member bench. It referred it to a constitution bench in July last year on the Centre’s demand. The Constitution Bench heard the matter for five days in January and reserved its verdict on January 18. Now on May 11, the Supreme Court has given the Delhi government the right to control the officers. Also said that the Lieutenant Governor will work only on the advice of Delhi Government.
Ordinance is mentioned in Article 123 of the Indian Constitution wherein, the President has power to issue ordinances on the advice of the Union Cabinet. These ordinances are as powerful as the laws passed by the Parliament. There is a condition attached to the ordinance. It is necessary to get it passed by the Parliament within 6 months of the ordinance being issued. A law made through ordinance can be withdrawn at any time. Through an ordinance, the government cannot enact any such law, which takes away the fundamental rights of the people. Ordinances should be issued by the order of the governor in the states like the center could.
The verdict given by the Supreme Court in the case of transfer- posting of officers in Delhi was in favor of the Kejriwal Government. In such a situation, it was possible to reverse it only by amending the law or making a new law.
Kejriwal is adopting 2 ways to stop the central ordinance
1.Kejriwal challenge to the ordinance in the Supreme Court
CM Arvind Kejriwal said that in the case of transfer- posting of officers in Delhi, the central government has directly challenged the Supreme Court by bringing an ordinance. This is an insult to the biggest court of the country and a challenge to its power. This ordinance is undemocratic and dangerous for the federal system of the country. In such a situation, the Delhi Government will challenge the ordinance in the Supreme Court.
2. To stop the passage of this ordinance in Parliament
Ordinance to be passed by Parliament within 6 months. It is necessary to pass through both the houses. The BJP and its coalition partners have a majority in the Lok Sabha. This ordinance will be easily passed here, but it will be difficult to get this ordinance passed in Rajya Sabha.The reason being the NDA (BJP and it’s allies) have Rajya Sabha, they are 8 members short of the majority. In this case help from other parties, opponents, will be needed.
CM, Kejriwal in Rajya Sabha, will show unity to stop the ordinance at all costs. The total number of members in the Rajya Sabha is 245. Of these, the NDA has a total of 110 members. At present the seats of 2 nominated members are vacant.
Possibility in Rajya Sabha
There is a possibility that BJP will fill these seats before voting on the ordinance.In this way NDA has 112 seats in Rajya Sabh. The effective number will be 238. Accordingly l, If you look at it then 120 for majority in Rajya Sabha Members’ support is needed. NDA will have 8 members less. Hence, to pass this ordinance, the support of other parties will also be needed apart from the NDA. There is a possibility that BJP may seek support from Andhra Pradesh CM Jaganmohan Reddy and Odisha CM Naveen Patnaik.
Kejriwal said he would meet leaders of various parties to drum up support over the issue. “If the bill is defeated in Rajya Sabha, it will send out a message that the BJP will lose the 2024 Lok Sabha elections. This will be semi-final for the 2024 Lok Sabha polls,” Kejriwal had said. Today 23 May 2023 CM Shri. Kejriwal will go to meet Mamta Banerjee,CM of West Bengal, for her support. The meeting comes at a time when Ms. Banerjee has been holding talks with several leaders of opposition to form an alliance of non-BJP parties ahead of the 2024 Lok Sabha election. Shri. Kejriwal to also meet former Maharashtra chief minister and Shiv Sena (UBT) leader Shri. Uddhav Thackeray in Mumbai on Wednesday and Nationalist Congress Party (NCP) supremo Shri. Sharad Pawar on May 25. Last week, Kejriwal met Bihar CM Shri. Nitish Kumar and the JD(U) leader extended “complete support” to him.
This fight is not only for the people of Delhi
Later Shri. Kejriwal made a tweet where he said “This fight is not only for the people of Delhi. This fight is a fight to save Indian democracy, a fight to save the constitution given by Baba Saheb, a fight to save the judiciary. This fight is a fight to save the country. I expect everyone’s support in this.”