Kejriwal vs Saxena: The tussle between elected government and Lieutenant Governor

The clash between Delhi’s elected government and the Lieutenant Governor’s office has taken center stage yet again. Lieutenant Governor VK Saxena’s recent communication to the central government regarding “motivated petitions” by the Delhi government has reignited the debate surrounding their ongoing legal battles.

Since Saxena assumed office, a staggering tally of at least 20 cases involving the Lieutenant Governor has landed in both the Supreme Court and the Delhi High Court. According to data accessed by TOI, the two authorities are currently entangled in a minimum of nine cases in the Supreme Court and 11 in the High Court.

The conflict extends beyond mere legalities. Several petitions in the high court involve the “services” department of the Delhi government, an entity beyond the AAP government’s jurisdiction. These cases indirectly implicate the Lieutenant Governor’s office and revolve around crucial administrative and governance issues within the capital.

With almost daily notifications and a flurry of affidavits and counter-affidavits, the legal arena witnesses a relentless battle between the various branches of the elected government and the Lieutenant Governor’s office. Notably, a recent instance in the Supreme Court saw the Delhi Jal Board served notice on an AAP government plea alleging the non-release of funds, adding another layer to the ongoing legal saga.

The spectrum of issues prompting legal intervention by the elected government is vast and varied. From challenges against the promulgation of ordinances amending key provisions to disputes over appointments and fund allocations, each case underscores the deep-seated friction between the two power centers.

However, amidst the legal wrangling, questions linger regarding the intent behind these legal maneuvers. While some perceive them as attempts to manipulate the judicial process, others argue they represent genuine grievances of an elected dispensation faced with bureaucratic hurdles.

For instance, a recent high court plea challenging the termination of contract fellows appointed by government departments sheds light on the complexities at play. While the court has lifted its stay on the terminations, it seeks clarity on the dues owed to these individuals for their service, underscoring the intricate web of legal and administrative intricacies shaping Delhi’s governance landscape.

(with ToI inputs)

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