Delhi Deputy Chief Minister Manish Sisodia on Monday reiterated his demand that lt Governor Najeeb Jung should dissolve a panel the latter had set up to probe some of the AAP Government’s decisions. Sisodia also asked Jung to return files “impounded” by the l-G office to the concerned departments. “Failure to do so would cause unlawful obstruction in discharge of the constitutional obligations of the Delhi Government,” he stated to Jung.
After a Cabinet meeting on October 14, 2016 chaired by Chief Minister Arvind Kejriwal, Sisodia shot off a letter to the lieutenant-Governor stating that there is no provision in the Constitution, or in any statute or rule, whatsoever, which empowers setting up of an external committee to enquire into the ongoing projects of public welfare, question officers and threaten to recommend criminal and administrative action against them.
The Deputy Chief Minister urged the lt Governor to “observe and respect the division of powers”. “As per the rules, a Minister is not required to refer any matter to the lt-Governor except in certain cases which are categorically specified,” he said.
“The Council recognises lieutenant Governor’s prerogative to call the Minister for discussion with an endeavour to resolve any difference of opinion with any Minister in respect of a decision taken by him under Rule 49 of the Transaction of Business Rules. The Council also recognises that in case lieutenant Governor wishes to refer any matter for consideration of the Council, such recourse is available under Rule 49 of TBR and Section 45 of GNCTD Act, 1991. The Council has dutifully followed the administrative practices and constitutional conventions well established for the past 25 years”, Sisodia added.
Sisodia also pointed out the dangerous precedent being set by the office of lieutenant-Governor by unsettling the decisions taken by the Government long after they had been implemented. “The recourse to such enquiry committee is also in opposition to extant rules and constitutional conventions”, he said.
The Deputy Chief Minister reiterated that the Delhi Government should be allowed to function pursuant to public mandate and in consonance with the Constitution and any attempt towards miscarriage of governance should be warded off by all concerned, including the lt Governor.
It may be recalled that the Delhi Government has been continuously making attempts to resolve the issues. The Delhi Government had earlier written to the VK Shunglu Committee, post the cabinet resolution, written to the lieutenant Governor and now again to the lieutenant Governor.