In a development that may further strain the relationship between the Raj Niwas and the Arvind Kejriwal Government, Delhi law Minister Kapil Mishra has issued a circular to define “State Government” in the case of National Capital Territory of Delhi which during the last six decades has seen several Governments.
Mishra has issued a circular to all his Cabinet colleagues not to forward files to lieutenant Governor Najeeb Jung as the term ‘State Government’ means elected Government comprising the council of Ministers headed by the Chief Minister for exercise of the executive powers of the State Government.
The circular issued on July 30 has interpreted the term of ‘State Government’ defined in the Acts (including central and Delhi Acts) on transferred subjects.
The circular is based on the legal opinion of senior advocate Dayan Krishnan and Rahul Mehra standing counsel (criminal). “Only the decision needs to be communicated for information and for formal drawing up of orders under section 44 (2) of the NCT Delhi Act,” the circular said.
“Only the files relating to reserved subjects need to be routed through the Chief Minister and chief secretary to the l-G, since in all other matter in list II and list III of the Seventh Schedule, the elected Government of NCT Delhi has not only the legislative powers but also executive powers.
As such all files relating to the transferred subjects, in so far as administrative and executive functions and decisions are concerned are not required to be routed through the Chief Minister and the chief secretary to the l-G,” the circular said.
The law Minister stated in the circular that except in matter enumerated under Rule 23 of the Transaction of Business Rules, no file relating to matter within the legislative competence of the elected legislature of Delhi needs to be routed through the chief minister and the chief secretary to the l-G.