In a violation of Transaction of Business Rules, the Arvind Kejriwal Government in an unprecedented move declared lieutenant Governor Najeeb Jung’s order on circle rate for agricultural land null and void and passed a resolution saying the Government will not follow l-G’s directions.
In a strongly worded resolution passed by the Delhi Cabinet, the Kejriwal Government has made it very clear that the new circle rate must be implemented and any laxity on part of the officers concerned will invite disciplinary measures. In case of revenue loss from non implementation of circle rates, concerned officials would be held responsible and the Government will also deduct the losses to the State exchequer by forfeiting their salaries.
“To the best of the knowledge of the Delhi Government, the lieutenant Governor does not have any power to issue any direction under any law,”The Government said in a statement, adding, “That also the lieutenant Governor has no powers to direct stay of any Government notification; only the judiciary has the power to do that.”
Citing the rule book, the Government said, “The lieutenant Governor is required to act on ‘aid and advice’ of council of Ministers according to Article 239 AA of the Constitution and this advice is ‘binding’ on the lieutenant Governor. The present situation arising out of the directions of lieutenant Governor has led to a lot of confusion in the minds of the public.”
The l-G had on August 10 stayed the Kejriwal Government’s notification on enhancing circle rates for agriculture rates, saying that the Government did not seek his approval and said his office was examining the notification as per Constitution and legal provisions.
Also, it is fact that the l-G can hold circle rates but he is bound to follow the Cabinet decision. In this case, chief secretary and secretaries’ law, finance and revenue in their opinion made it clear that the l-G’s approval is needed for circle rate.
On the other hand the resolution has directed the officers to implement the notification dated 4 August 2015 so as to avoid “any loss to the exchequer due to non-implementation of the notification”. The resolution also asked the l-G not to resort to issuance of “such unlawful communications which are cause of embarrassment for holders of High Constitutional Offices”.
“The council of Ministers considered the note containing the communication from the office of lieutenant Governor regarding revision of circle rates for agricultural land. The cabinet respectfully informs the lieutenant Governor that it would not be possible for the Government of National Capital Territory of Delhi (GNCTD) to implement his directions for the above mentioned reasons,” the resolution said.
“Unfortunately, while seeking to grant stay on this pro-farmer notification, the communication from the lieutenant Governor is totally silent as to under what rules and under what Constitutional or statutory provisions the lieutenant Governor is authorised to attempt issuance of such directions. To the best of the knowledge of the Delhi Government, the lieutenant Governor does not have any power to issue any direction to the GNCTD under any law,” it said.
The resolution further stated that the only rule governing the conduct of lieutenant Governor in such matters is the Rule 24 of the Transaction of Business Rules, 1993, which says ‘where the lieutenant Governor is of the opinion that any further action should be taken or that action should be taken otherwise than in accordance with the orders passed by the minister-in-charge, he may require the proposal or matter to be placed before the council of ministers for consideration.’
“This matter falls within the purview of the transferred subjects -those subjects on which the lieutenant Governor is required to act on aid and advice of council of ministers according to Article 239 AA of the Constitution and this advice is binding on the lieutenant Governor,” it said.
Earlier in the day, Kejriwal met the representatives of All India Kisan Sabha led by Rakesh Tikait at his residence and slammed Jung for putting a stay on the notification hiking circle rates. It is noted that AAP government has called Rakesh Tikait and urged him to open front against the l-G over circle rate issue.