SUPREME COURT AND DELHI ASSEMBLY – Shantonu Sen

Delhiites are puzzeled, upset. Its more than four months since results of Delhi Polls were announced on 8th December 2013. Their MLA is not routinely available to meet them, hear them , help and assist them with their civic problems. First the debutant, AAP’s, coyness in forming a Government in Delhi. Many days were lost in that exercise. Then the great rush to steam roll manifesto promises even before the vote of confidenc. With that behind followed the Som Nath Bharti Law Minister’s Khirki Extension’s brush -off with Malvyianagar P S and as a consequence LG Delhi’ tiff wlth CM Delhi and the susequent dharna. The MLA of Delhi was just not available to his constituent for this long period . THe voter just could not reach out to his MLA to get him to to discharge his duties to his constituents. Only after all this was over there followed a relatively, calm interlude when some work for the individual voter was done; he was heard by his MLA. It was too short a period. The failure to introduce thr Jan Lokpal bill in the assembly, saw the APP Govenment’s ouster by a self goal after just 49 days as Government. That was also the end of the MLA as an elected, active people’s representative . The L G Delhi did not dissolve the Assembly and order fresh elections as Kejriwal’s Government recommended . He just quit along with his Cabinet.
The Delhi MLA , by the order of the President of India is now permitted to be ‘animated’ but the same order allows him little movement. Being ‘ suspended’ his feet are not planted on terra firma. His status is, be static and hang in space. He is alive, he can kick the vacant space around him while he is suspended. All this is figuratively, of course. He is useless to his constituent. For his work the resident of Delhi has, now, only the babu . Some times its the same babu who has already turned him down and some times its his boss. They, these babus, work inside protected territory and thanks to the fear of terrorists the babu is so protected that to reach the babu or his immediate boss or the big boss multiple clearances are mandatory. Its a formidable task compared to the the much easier task of collaring the MLA .
The Supreme Court by setting aside the order of “suspended animation” of the L G Delhi can swiftly provide a remedy . In the last hearing on 17th April 2014 on the petition of APP, filed in early March 2014 for setting aside the ‘suspended animation” order of the LG, their Lordships of the Supreme Court were compelled to ask the Solicitor General Government of India, if the report in the media is correct, why should the people of Delhi be with out an Assembly “even for a day”. They have been with out their MLA virtually from the day he was elected. Its also a fact that when Kejriwal, as Chief Minister Delhi, requested L G Delhi to dissolve the house he enjoyed the confidence of the house. The Supreme Court to dismiss APP’s submissions has to hold that Kejriwal did not enjoy this confidence. All three counters filed so far have not contested this claim . These counters are by Government of India and one each by the Congress and BJP. Neither Congress nor BIP can claim, and they have not , that a new Government is possible with present numbers in the assembly. General Elections are inevitable . They could have been held on 10th April 2014 when Delhi was voting for his MP without a significant escalation of cost. Delhi’s voter is asking the honourable Supreme Court why he has no MLA in his constiuency ? He is asking all three major parties where the Party MLA is ? He is asking the LG Delhi why has he to go the some unsympathetic babu to resolve his issues with Government of Delhi when it is his democratic right to have a public figure , an MLA, to resolve his civic inconveniences.? Why is he with out his constitutional rights is the general refrain of the aam admi( common man ) in Delhi ? Is the hon’ble Supreme Court listening?