Explained: Why Arvind Kejriwal’s ‘big administrative reshuffle’ has Delhi’s bureaucracy concerned

Delhi chief minister and Aam Aadmi Party head Arvind Kejriwal wasted no time on Thursday after the Supreme Court ruled that the Delhi government has legislative and executive powers over the administration of services and shunted out the Secretary of the Services department Ashish More and replaced him with 1995-batch IAS officer A K Singh.

Later at a press conference, he vowed “a very big” administrative reshuffle for a responsible, lean, thin, compassionate, accountable, and sympathetic administration and said officers involved in obstructing the people’s work will have to suffer.

The move by Arvind Kejriwal has left Delhi’s bureaucracy concerned. Top bureaucratic sources told India Today that officers are not happy and fear that they might have to face repercussions of a wrathful Kejriwal government.

But what has led to this situation? Why does Kejriwal want to shuffle or transfer bureaucrats in the Delhi administration?

Kejriwal’s huge administrative overhaul

On Thursday, the Delhi chief minister said that there would be a big administrative reshuffle in a few days. “Many officers will be transferred on the basis of what they have done till now. There are some officials who have stopped public works in the last year-and-a-half. There were instances where medicines of mohalla clinics, tests, Delhi Jal Board’s money was stopped. Such officers will have to bear the consequences of their misdeeds. Opportunity will be given to responsive and compassionate officers and employees who want to serve the public,” Kejriwal said.

The statement came after Supreme Court’s five-judge constitution bench, headed by Chief Justice of India DY Chandrachud ruled that the legislature has control over bureaucrats in administration of services, except in areas outside the legislative powers of the National Capital Territory (NCT). There are three areas outside the control of Delhi government: public order, police and land.

“A constitutionally entrenched and democratically elected government needs to have control over its administration. The administration comprises of several public officers, who are posted in the services of a particular government, irrespective of whether or not that government was involved in their recruitment,” Chief Justice Chandrachud, who wrote the 104-page judgment, debunked the Centre’s argument that it retained “administrative control” over officers deputed to the Delhi government.

The apex court’s ruling stems from the years-long struggle the AAP government has been facing on the matter of appointing and transferring officials which came to a head in 2015. It was then that Kejriwal got embroiled in a conflict with then Lieutenant Governor (L-G) Najeeb Jung over the appointment of the chief secretary and institution of corruption enquiries.

The matter had reached the Delhi High Court, which had ruled that Delhi continued to be a Union territory despite the enactment of Article 239AA, which rendered all commissions of enquiries set up without the concurrence of the L-G illegal. The concurrence of the L-G was mandatory for decisions, the Delhi HC had said.

The Kejriwal government had then challenged the Delhi High Court decision in Supreme Court, which had referred it to a constitutional bench.

Also read: AAP on warpath against VK Saxena: History shows battle between Delhi government and L-G is just beginning

Following the Supreme Court’s ruling – that the AAP termed as a “tight slap” on the mission to topple governments through “unconstitutional ways” and, a “massive defeat” for the dictatorial actions of the BJP-led Centre – Kejriwal said that the officers will now get the opportunity to work.

The Delhi chief minister had said that earlier the L-G issued orders on “practically every” subject to the chief secretary, bypassing his government. They had frequent confrontations on issues such as the excise policy, training teachers in Finland, free yoga classes, mohalla clinics, transfer of bureaucrats, control over the Anti-Corruption Brand and the extension of power subsidy to consumers.

Kejriwal said that prior to the court’s order his hands were tied and he was unable to govern with all the ‘hurdles’ created. However, despite that the AAP government in Delhi did “spectacular work”, he added, saying, “The work will happen at 10 times the speed it was happening earlier. Delhi will now present a model of able governance to the entire country.”

A worried bureaucracy

Kejriwal’s press conference has officers in Delhi’s offices worried. The bureaucrats believe that their work is only going to get harder. As one official told Indian Express, “Officers posted to the Delhi government have, over the past few years, been rewarded or victimised based on their assumed affiliations. If a minister thought an officer was favouring the L-G, the government would issue summons to them in legislative committees. On the other hand, if the L-G Office thought an officer was an ‘AAP man’, he would be transferred to an insignificant department.”

Another official was quoted as telling Hindustan Times, “It is like walking a tightrope. The officials have been the unseen victims of the Centre versus Delhi government battle and when the faceoff gets bitter, we have to suffer because we are misunderstood to be loyal to either one of the centres of power. The officials who have been serving in Delhi for the last year carry that baggage and may face a challenging time ahead as some might be misunderstood as being loyal to the L-G.”

There’s also the concern that the AAP government may now go after officials investigating allegations of corruption against the chief minister and ministers of his party. Furthermore, another bureaucrat added that officials of the Delhi Administrative Subordinate Services would be favoured over IAS officers by the Cabinet.

However, these fears are not held by all in the bureaucracy. An officer said, “The judgment does not favour the Delhi government and neither does it go against the L-G. It is an interpretation of the Constitution.”

BJP and Congress speak

While the AAP government celebrated the SC verdict, calling it a huge win for the people of Delhi, the Bharatiya Janata Party (BJP) said the top court’s decision will have long-term ramifications in future, not just in Delhi, but in other Union Territories as well.

Delhi BJP chief Virendra Sachdeva said that while the party respected the court’s order, it would lead to a transfer-posting industry in the city. “We respect the Supreme Court verdict. Kejriwal has obtained what he was desperately looking for. He said there will be large-scale transfers of officers in his government which means that a transfer-posting industry will come up in Delhi,” Sachdeva said in a statement, adding that officers in the Delhi government will now be pressured to do the bidding of the AAP.

The Congress, on the other hand, said that it was time the Kejriwal-led government focused on governance. “People have been suffering due to disturbed public transport, air and water pollution, and rising garbage mountains… the Kejriwal government should focus its energy on addressing these issues instead of indulging in empty rhetoric, which does not solve the problems of Delhi, as only concrete actions by the Delhi government can improve the quality of people’s life,” said Delhi Congress president Anil Kumar Chaudhary.

With inputs from agencies

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