legal experts Rajeev Dhawan and Indira Jaising on Tuesday came out in support of Arvind Kejriwal Government over the issue of the power of lieutenant Governor Najeeb Jung to appoint the Chief Secretary. They asserted that the l-G has no independent discretion in the matter. The Kejriwal Government had sought their opinion over the issue.
Supreme Court lawyer Rajeev Dhawan, in his letter, said the Chief Minister has a “perfect right” to a Chief Secretary of his choice and the current “crisis” has been created by the lt Governor.
“The Chief Minister has a perfect right to a Chief Secretary of his choice. I am firmly of the opinion that this crisis has been created entirely by the l-G,” Dhawan wrote in his opinion to Delhi Government over appointment of Shakuntala Gamlin as acting Chief Secretary by lt Governor Najeeb Jung against the wishes of the Arvind Kejriwal dispensation.
Dhawan mentioned that “lapse of 40 hours is not sufficient reason for the l-G to impose his choice on the CM, especially when his urgency powers arise only when a reference is pending before the Central Government”.
He mentioned that at best, the lt Governor could advice the Chief Minister that it is necessary to appoint a Chief Secretary forthwith. It is absolutely clear that the l-G has exceeded his authority and has turned the entire relationship between him and the Council of Ministers on its head to jeopardise democracy and the Constitution, he said.
Senior advocate Indira Jaising also supported the Delhi Government observing, “There is no provision granting the l-G the power to act at his own discretion in the matter of appointment of the Chief Secretary.”
Explaining the appointment procedure, Jaising said, “The proposal to appoint the Chief Secretary must be initiated by the Government in accordance with the rules of business.
“The question of any difference of opinion on that issue can arise only after the proposal is made by the Council of Ministers and sent to the l-G. Prior to that, no question of difference of opinion can arise.”
Stating that the l-G has no independent discretion in the matter of appointment of Chief Secretary in the democratic scheme of the Constitution, she mentioned, “The decision who to appoints the Chief Secretary must be of the Council of Ministers and it is only when the l-G has a difference of opinion on that decision that his role begins, hence, there is no question of the l-G taking the decision who to appoint as Chief Secretary without waiting for the decision of the Council of Ministers.”
Amid the bitter face-off, the AAP Government on Monday night directed all its officials to apprise the Chief Minister or Minister concerned about any oral or written direction from the l-G or his office before following them.
In a directive, the order signed by Chief Minister Arvind Kejriwal said the bureaucrats, including the Chief Secretary, would have to first consult with the Chief Minister and other Ministers about any communication from the l-G before acting on such directions.