Maken Cites Reasons Not To Support AAP Over Ordinance

(MENAFN- IANS) New Delhi, May 23 (IANS) Senior congress leader Ajay Maken on Tuesday said that the party should not support the Aam Aadmi Party (AAP) on the "control of services" issue as Chief Minister Arvind Kejriwal's past Political engagements raise questions.
The Congress on Monday said that it is yet to take any decision on the issue of ordinance brought against SC judgement, adding that it will consult its state units and other like-minded parties on the issue.
Clarifying his party's stand, Congress General Secretary (Organisation) K.C. Venugopal said, "The Congress has not taken any decision on the Ordinance brought against the Supreme Court judgment on the powers of the Government of NCT of Delhi with respect to appointment of officers. It will consult its state units and other like-minded parties on the same. The party believes in the rule of law and at the same time does not condone unnecessary confrontation, political witch-hunt and campaigns based on lies against political opponents by any political party."
His remarks came after Congress President Mallikarjun Kharge, along with former party chief Rahul Gandhi, met Bihar Chief Minister and Janata Dal(United) leader Nitish Kumar at 10 Rajaji Marg here.
It is speculated that during the meeting Congress has decided to support the ordinance issue.
In a long post titled "An examination of reasons to not oppose the ordinance - administrative, political, and legal aspects", Congress leader Maken, who was also the minister in the Sheila Dikshit government in Delhi said, "The discussion must begin with two critical observations. First, by backing Kejriwal, we are going against the decisions and wisdom of numerous respected leaders: Baba Sahib Ambedkar on 21st October 1947, Pandit (Jawaharlal)Nehru and Sardar (Vallabhbhai) Patel in 1951, another decision of Pandit Nehru in 1956, Lal Bahadur Shastri Ji as Home Minister in 1964 and as Prime Minister in 1965, and Narasimha Rao in 1991."
He said, second, if the ordinance doesn't pass, "Kejriwal gains a unique privilege previously denied to Chief Ministers like Sheila Dikshit, Madan Lal Khurana, Sahib Singh Verma, and Sushma Swaraj".
Delving into the administrative, political, and legal viewpoints against opposing the Ordinance, the former Union Minister, citing administrative reasons, said that primarily, cooperative federalism principles don't fit in Delhi's context.
"It's not just a State or Union Territory, it's the "National Capital". It belongs to the Union and, thus, to every Indian citizen. Delhi residents stand to benefit from this status. As the National Capital, the Union Government annually spends approximately Rs 37,500 crores on various services, a burden not shared by the Delhi government," Maken pointed out.
He then cited how on Dr B.R. Ambedkar-led Committee recommendations, Nehru and Sardar Patel placed Delhi under the administration of a Chief Commissioner through the Government of Part C States Act, 1951, which included a special provision exclusive to Delhi.
Maken also said that in 1956, upon reviewing the State Reorganisation Committee (SRC) report, Nehru transformed the existing Legislative Assembly into a Municipal Corporation, leaving it devoid of Legislative Powers and in 1964, and then again in 1965 as Prime Minister, Lal Bahadur Shastri endowed Delhi with a Metropolitan Council, lacking any Legislative Powers.
"In 1991, Narasimha Rao established the present form of Governance for Delhi, granting Lt Governor all powers to transfer and post officers via the 'Transaction of Business Rules'. So, none of the Prime Ministers since independence allowed the elected Delhi government the powers to transfer and post officials," the Congress leader noted.
Citing the political reasons for not supporting the Kejriwal-led party, Maken, who is a vocal critic of the AAP said, "Kejriwal seeks the support of the Congress party. However, his past political engagements raise some questions. His party, along with the BJP, passed a resolution requesting the Union Government to withdraw Bharat Ratna from our beloved (former Prime MInister) Rajiv (Gandhi).
He also highlighted how Kejriwal backed the BJP both inside and outside of Parliament on the Jammu and Kashmir issue (on abrogation of Article 370 and 35A).
"This support came when Jammu and Kashmir was divided and reduced to a union territory, leaving its people disenfranchised for five years. Kejriwal also supported the BJP during the move to impeach Chief Justice of India Dipak Mishra on various charges," the former union minister said.
Citing the Congress's stand of opposing the three farm laws passed by the government, Maken, who was also the chief of Delhi Congress unit said, "Notably, Kejriwal was the first to implement the controversial anti-farmer laws. His party also opposed the opposition's candidate for the Rajya Sabha Deputy Chairperson and instead supported the BJP-sponsored candidate."
"Kejriwal's support for the BJP in Gujarat, Goa, Himachal, Assam, Uttarakhand, and in the recent Karnataka elections, where he fielded candidates against the Congress Party, also begs the question - Why only in states where Congress is the primary opposition or ruling party?" he questioned.
Maken then also cited the legal reasons for opposing support to Kejriwal and said, "Para 95 of a recent Supreme Court decision allows the Union Government to modify the law."
"The key question remains - if all the previous Delhi Chief Ministers could perform their roles without fuss, why is Kejriwal stirring up chaos now? Is this mere political posturing? Unfortunately, it's Delhi that bears the brunt of this unrest. In this turmoil, Delhi suffers the most," he asked.
The Central government has brought an ordinance to set up a permanent authority known as the National Capital Civil Service Authority whose chairperson will be Delhi chief minister along with chief secretary, Delhi, Principal Secretary (Home), Delhi to make recommendations to the Delhi LG regarding matters concerning transfer posting, vigilance and other incidental matters. However, in case of difference of opinion, the decision of the LG shall be final.
On May 11, a five-judge constitution bench of the Supreme Court ruled that it is ideal to hold that a democratically elected Delhi government should have control over its officers and the LG is bound by the advice of the elected government in everything other than public order, police, and land.
--IANS
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