Friday, May 22, 2015

Delhi Problem, A Mountain out of Mole Hill

Delhi is NCT of the nation and a UT. The administration structure is akin to any other UT. The Legislative Assembly in Delhi is very different from a regular state of Indian Union (remember it is a UT). Delhi is governed by LG through a elected assembly in accordance with The Government Of National Capital Territory Of Delhi Act, 1991 (see the act here A very interesting thing that I found in the act is the council of ministers including chief minister belongs to LG as mentioned in this act, extract of the act is posted below:-

(Clause)  49. Relation of Lieutenant Governor and his Ministers to President. Notwithstanding anything in this Act, the Lieutenant Governor and his Council of Ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the President.

The administrator of NCT of Delhi is LG assisted by a elected assembly as per constitutional provisions. That is the fact on ground. Does that mean the elected government has no say? Yes and no. There are three matters that have been kept out of the preview of the  elected government where they are exclusively under center through LG (I think Land, Law and Order and Police). In other matters LG has to act on advise of the elected government BUT with a difference that in Delhi (unlike a full state), LGs decision is final (but not discretionary). Hence in the matter of transfers and appointments of Delhi Government employs the state recommends and LG accepts or rejects (as it happened in case of regular CS of Delhi (whose 10 days leave has created this storm) where one or two recommendations of Delhi Govt were rejected before bringing in the present man on recommendation of same Delhi Govt.

With this backdrop, let me shift to present story. The CS is to go on 10 days leave and hence an acting CS needs to be nominated for that period. The state government (DY CM) sends two names to LG with preference to a officer junior in recommended list. It is clear that LG can not spring up any new name out side the list and appoint that person though he can reject both names and seek fresh recommendations.

In this case LG approves the name of Senior among the  names recommended by the very AAP govt. Mr Right raises  hue and cry on that appointment as if LG has appointed some one who was not in the recommended list. A very twisted and factually incorrect act to do. Soon they realize their folly and gulp that appointment.

Now comes the poor Principle secretary who has to issue formal order based on the approval of LG. He issues the order as per regular office procedure for appointing the senior among the two officers approved by LG from among two recommended by AAP govt as acting CS.

Mr Right gets angry and removes that Principle secretary, who issued the order from his post. Can he do it? Actually NO, he can only recommend to LG for removal but our man thinks that he has thumping mandate so he is law unto himself (remember one seat above half way mark up to winning all seats have the same meaning called majority, thumping majority does not bring in additional rights).

Since the CM does not have independent powers in this matter and LGs approval on file for any such removal, appointment or transfer is mandatory, the removal is cancelled. Further hue and cry is made. Suddenly it is discovered that Delhi had a transfer industry before Mr Right was elected etc.

A simple issue with no scope of escalation is being blown out of proportion with a objective of garnering sound and visual eyeballs as there is nothing much to achieve this objective.

I just feel sad about how common man is being fooled to think that injustice is being done to an elected govt of a UT (and not a state) where none exists.

1 comment:

  1. Very appropriate and informative article. I wish our people can have access to the facts as mentioned in the articles. Unfortunately, our media is also following the trends of facebook, whatsapp and twitter where 'veracity' is blatantly sacrificed for velocity, variety and volume. They have mastered the art of creating confusion & controversies even in crystal clear situations just for the TRPs. I wish there is some law where politicians media houses can be held accountable for spreading misinformation....