The Ministry of Home Affairs (MHA) has begun consultations with legal eagles after the Delhi High Court termed its notification, giving the lieutenant Governor absolute powers in some matters, as “suspect”. The Home Ministry is also keeping a close eye on the special session of the Delhi Assembly where Deputy Chief Minister Manish Sisodia on Tuesday moved a resolution terming the issuance of the notification as an “insult” to the “biggest mandate” the people of the city had given in the Assembly polls.
The Ministry officials have consulted with several leading lawyers on various aspects of the notification and the opinion given to Delhi Government by legal minds like KK Venugopal and Gopal Subramaniam.
“All options are open. Since the order came from a single bench of the Delhi High Court, options are open either to approach a division bench or move to the Supreme Court. But no decision has been taken yet. We are still studying,” a Home Ministry official said.
Officials said the Central Government has no problem with transfers made by Chief Minister Arvind Kejriwal as he is empowered to effect reshuffle officers below Secretary level.
The Delhi High Court on Monday termed as “suspect” the Centre’s recent notification barring Delhi Government’s Anti-Corruption Branch (ACB) from acting against its officers in criminal offences and held that the lt Governor cannot act on his discretion. It observed that the mandate of the people “must” be respected by the lt Governor of the Government of the National Capital Territory of Delhi (GNCTD) if there was no other “Constitutional or legal fetter”.