Aam Aadmi Party came to power in Delhi in 2014. Since then, the Union Government has continuously interfered in the decisions of the Delhi Government. Due to this, there is a conflict between the Union Government and the Delhi Government.
And in 2019, the bench of Judge Bhusan had ruled that the Delhi government has no authority. Subsequently, a case was filed in the Supreme Court on behalf of the Aam Aadmi Party against the power of the Union Government.
In this case, the 5 judges of the constitutional session had given a unanimous verdict recently. In the judgment the judges observed, " we do not agree with the judgment given by the bench of Justice Ashok Bhushan in 2019, the legislative assemblies have been given the power to pass laws only to fulfill the will of the people.
Even though it is a Union Territory, the Government of Delhi functions federally.
Democracy and federalism are part of the basic structure of our Constitution. The Union Government has the power to intervene only in certain specific aspects. If officials are prevented from implementing the orders of the Ministers, collective responsibility will be affected.
The Lt. Governor can only interfere in certain aspects outside the legislative powers.
The legislature is vested with the power to represent the will of the people. In a democratic government, executive power rests with people elected by the people.
In Delhi, the chief minister has more power than the lieutenant governor," the constitutional sitting bench said.
But in order to overturn this judgment of the Supreme Court, the Union Government has overnight brought an ordinance to give Delhi's powers to the Lieutenant Governor.
While the Supreme Court had ruled that the power belongs to the assembly elected by the people, the Union government has brought an ordinance with the clause that 'no assembly, court or order can be changed'.
While this ordinance will become a law only if it is passed by both Houses of Parliament within the next 6 months, the Delhi Aam Aadmi Party is trying hard to prevent this Act from being passed.
While the BJP has a majority in the Lok Sabha, the opposition has a majority in the Rajya Sabha.
Due to this, the Delhi government is showing seriousness to get the support of the opposition parties. For this, Delhi Chief Minister Arvind Kejriwal is meeting opposition leaders and seeking their support.
He met Trinamool Congress chief Mamata Banerjee and Shiv Sena chief Uddhav Thackeray to seek their support and has now met NCP chief Sarath Pawar.
Speaking after that, Arvind Kejriwal said, "If the Emergency Act is defeated in the Rajya Sabha, it will be the semi-final match for the 2024 Lok Sabha elections. It will be a message that Modi will not be able to come back to power in 2024."
Kejriwal has been vocal and pitching for statehood. He should have the support of opposition parties. He must succeed in this. Only then will the rights of the state government be recognized.
The Union BJP government's Ordinance appears to be an attempt to dilute the Supreme Court's verdict. Because they brought this law only after the Supreme Court gave its verdict.
By putting an end to it, opposition parties can bring a new twist in Indian government. That would also be a sign of the likely scenario of the opposition parties coming together to face the election in the upcoming 2024 elections.
What are the opposition leaders going to do in the Rajya Sabha? Will they convince the BJP that we can work together?