The two-day Delhi Assembly session starting Wednesday has become another flashpoint between the Arvind Kejriwal government and Lt Governor (LG) Vinai Kumar Saxena after he wrote a letter to the Chief Minister stating that the current Assembly session has been called in violation of the rules.

Birla informed the Delhi Assembly that LG Saxena shot off a letter to the chief minister on August 11, raising objections to convening the Assembly session Sharing his letter, AAP leader and deputy Speaker Rakhi Birla said his letter his observations are 'not correct' while the Leader of Opposition and senior BJP leader Ramvir Singh Bidhuri supported the L-G's view point.

This is the first session of the Delhi Assembly since the GNCT (Amendment) Act, 2023, which puts the control of the city's administration in the hands of the Centre, was codified into law last week.

In his letter, Saxena pointed out that this re-convening or Third Part of Fourth Session (Budget Session) of the Seventh Legislative Assembly without a Cabinet Decision is not only inconsistent with the statutory provisions envisaged under the Transaction of Business Rules, but is also in violation of the spirit of Section 6 read with Clause (ix) of Sub-section (4) of Section 45 J of the Government of NCT of Delhi (Amendment) Ordinance. 2023.  "Therefore, the proposed Third Part of Fourth session being summoned without following the due procedure, should not be convened in this manner," reads the letter.

"Unfathornably, it is also noticed that there is no indication of any Legislative Business proposed to be taken up in the House as provided in Rule 15 (l), Rule 24 and 25 or the Rules of Procedure and Conduct of Business of Legislative Assembly of NCT of Delhi Rules, 1997. In the absence of prior notice of the business to be transacted in the I-louse, I have no doubt that the members of the House are deprived of the opportunity to come prepared for fruitful deliberations adversely affecting their rights enjoyed under section 18 of the GNCTD Act, 1991,' reads the letter.

As special session of the Delhi Assembly began with Deputy Speaker Rakhi Birla informing the House that Lt Governor Saxena shot off a letter to the chief minister on August 11, raising objections to convening the Assembly session. A copy of the said letter was also shared with the Assembly. This is the first session of the Delhi Assembly since the GNCT (Amendment) Act, 2023, which puts the control of the city's administration in the hands of the Centre, was codified into law last week.

"The Delhi Assembly is operating entirely within the established rules. The Legislative Assembly holds the authority to determine the timing of a session. The Lieutenant Governor has leveled a significant accusation, but he should be aware that a new session cannot be convened unless recommended by the cabinet," she said.

She further said that the NCT Act, which outlines the functioning of the Delhi Assembly, does not include any requirement to hold Budget, Monsoon, and winter sessions.

She further said: "Special sessions are called even in Parliament and other state Assemblies. Rules empower the Speaker to convene the House any time after adjourning the Assembly sessions sine die. If the Cabinet recommends the prorogation of the session, then the next session is called with the approval of the LG. If the session is not prorogued, then the Assembly session can be convened under Rule 17 with the approval of the Speaker. The entire country has a similar convention."

"Under rule 17, the Speaker can convene the House anytime if the session has not been prorogued anytime. I received a note on August 8 from the minister of law and justice with the approval of the CM to convene the House on August 16. Accordingly, I convened the House. Lok Sabha also has similar rules to call special sessions," Birla said.

"Many times since 1993, assembly sessions have been called to discuss important issues affecting the people of the Capital. LG has levelled serious allegations that the Speaker has violated the decision of the Cabinet by convening the third part of the fourth session rather than calling the fifth part of the session.

Since the cabinet had not recommended the prorogation of the session under Rule 17, the special session has been reconvened.