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Importance of SC Judgement and AAP Navigating Political Conversation by Roshan Shankar


Roshan Shankar, an Engineering and Public Administration graduate from Stanford University, started his political journey as a volunteer. While studying in the US, Roshan actively participated in AAP fundraising and calling campaigns. After completing his education, Roshan came back to India in Jun 2014 and became a first generation politician from his family. He has served as an advisor in  water, environment and education departments of Delhi government. Roshan was one of the key members of Delhi Dialogue Commission along with Adarsh Shastri, Meera Sanyal and Ashish Khetan. He also helped in drafting public oriented AAP manifesto for Delhi assembly elections.


Despite various negative forces from all sides including some bureaucrats, one of his main tasks was to make sure that AAP manifesto becomes a reality. While talking to NRI volunteers from North America, Roshan highlighted achievements from Delhi Govt and gave detailed information on a month old Supreme Court judgement which came out on July 4, 2018.

Turning Point (Mar 23, 2015): After a mere 1.5 months of AAP's second term in the office, MHA issued a notification to Delhi Govt on Mar 23. The notification mentioned that Delhi ACB can not prosecute Central Govt employees. Delhi Govt lost powers and departments one by one via notifications from Central Govt in coming months. It was just first 49 days of AAP Govt followed by 4-5 months of second term when AAP had full control over governance. After losing powers, it was very difficult for AAP to implement policies as they had to wait for LG's approval. AAP moved to SC to seek judgement over the power tussle in Delhi and it took almost 3 years for SC to give judgement.

HC Judgement and Bureaucrats: In a judgement on Aug 8, 2016, HC appointed LG as administrative head of Delhi. From the very next day, Delhi bureaucrats stopped coming to meetings except a few. Many bureaucrats broke up with the Delhi Govt, and some others who wanted to work were not allowed to do so by Central Govt. Files were being sent to LG office without the knowledge of elected representatives. Policies of elected representatives were rejected or delayed without any reason.

The Judgement: On Jul 4, 2018, SC reverted HC judgement and gave all the powers to Delhi Govt except land, police and public order. Roshan believes that such constitutional case should have gone to SC in the first place. While the case was pending before SC, on many occasions we have seen SC comments on cleanliness, pollution, garbage and sanitation. These comments might have helped SC in reverting HC judgement as Delhi is an administrative mess due to multiple authorities (read more about multiple authorities in Delhi from Arjun Joshi). From time to time, SC and HC looked at unsolvable issues related to MCD. Delhi Govt wanted to address those issues but the administrative structure of Delhi wasn't allowing them to execute the work.

Four SC judges talked about the functioning of Delhi Govt and Roshan finds it satisfactory to be validated by supreme court. It is a very troubling time for our democracy as people who want to work are being stopped and those who want to question the govt are being harassed. There is still a long way to go and SC has definitely improved the situation and restored faith in courts.

The Argument and Challenging SC Judgement: Central govt has decided to challenge SC judgement but it seems they do not have clear idea about the argument they are making. They are also trying to prove that the elected CM does not have any value. Around 1.5 hours were spent in SC during an argument from Additional Solicitor Gen of India, Maninder Bhatt (representing Central Govt).
Delhi is Part of India, India is run by central govt so Delhi should also be run central govt. 
All other lawyers were arguing about democracy, constitution and rights of Delhi residents. It is almost 2 months since SC judgement, and their review is underway. At this point, it seems like central govt is not looking for any relief, they are just trying to keep everyone engaged in court proceedings to further stop AAP govt in functioning with full power. While the judgement is under review, by law LG should not interfere in the matters of Delhi govt other than land, police and public order. Every bureaucrat should directly report to CM and Dy. CM. They should attend meetings as per protocols.

Changing Delhi: With a total experience of 3.5 years of governance, AAP had only about 6 months of free hand governance and after the SC judgement, things are changing slowly in Delhi. AAP Govt cleared many projects and policies pending at LG office. The Govt has also reverted many decisions of LG office.

AAP, a winner with a score of 67/70 was made powerless strategically. Either, it was BJP ruling in Centre or Congress, none of the previous CMs faced such helpless situation in the past. Putting Full Statehood business aside, just imagine the difference between powers of current CM Arvind Kejriwal and ex CM Shiela Dixit. You might get the idea of AAP being a potential threat to the established political system. Past 3 years witnessed a lot of delays in the execution of work and policies by AAP. Sometime by omission but mostly by direction from centre ruling govt with hands on Delhi Administrative head (LG), AAP has been stopped from delivering its poll promises either by politicians or bureaucracy. .

With all the hurdles and power tussle, AAP managed to create a brand in the past 2-3 years. It has been able to navigate the conversation previously focused around one party/person/religion to citizen-centric policies (e.g. health and education). Whether it is related to the issues of Delhi govt schools (education curriculum, performance, training and infrastructure), healthcare (mohalla clinics, poly clinics, infrastructure, free tests/surgeries, free medicines, increased bed capacities in govt hospitals), transport, city infrastructure, security and environment, Delhi govt is leading the way. Govt has been able to make tangible changes to peoples' lives with the following initiatives.
  • 32 lakh household are benefitted from power subsidy  
  • 320 colonies with more than 20 lakhs residents received water via water pipeline for the first time in their life 
  • Education revolution being talked worldwide 
  • Increased bed capacity, free test/operations, mohalla and poly clinics 
  • More then 40 lakhs unique visitors have visited mohalla clinics out of 162 clinics existing across Delhi 
  • Water pipeline to farthest and unauthorized colonies 
  • New bus routes to the very last village 
  • Community toilets 
  • Houses for people in unauthorized colonies 
  • Education loan scheme 
  • Increased old age pension 
  • Increased minimum wage 
  • Electric buses 
  • Increased green coverage by planting tree 
  • Doorstep delivery of services 
  • and many more 
Watch complete video of AAP Ka Radio call with Roshan Shankar 



AAP USA chapter organizes a weekly conference call (AAP Ka Radio) every Sunday at noon 12:00PM EST. More details about the call and the guest can be found at @aapchat (https://twitter.com/aapchat).


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