The AAP Government has stripped its senior judicial officer of powers to vet Cabinet proposals, Bills and notification s in the National Capital. In an order having far-reaching implications, the powers to give crucial opinion and vet the Cabinet note has been given to tried and tested officer, C Arvind a DANICS officer close to Deputy Chief Minister.
This is also the first occasion when the Government has entrusted the job of vetting Cabinet proposals and Bills to non-judicial officers.
According to sources, powers to vet Cabinet proposals and Bills has been taken from additional secretary and senior judicial officer Vikrant Vaid and has been entrusted to Deputy CM Manish Sisodia’s secretary and DANICS officer C Arvind. The officer has also been given the job of administration branch.
Vaid, on the other hand, has been asked to handle the job of judicial branch and filing of appeals in the city courts.
The Deputy CM has also empowered another DANICS officer Ravi Dadhich, who is also secretary to transport minister Gopal Rai, with the job of handling litigation branch, law wing with respect to giving his opinion and vetting of notifications and other rules.
Meanwhile, the move is being interpreted as an attempt to gag the law officers from giving free and fair opinion on several contentious issues. On the other hand, officials who are close to the Government said that the Government can appoint any one to vet Cabinet proposals or bills whether he/she is judicial officer or not.
Insiders say that AAP Government has not consulted UPSC for creation of additional secretary’s post in the law department. The appointment was made without UPSC’s approval in the law department. “Interestingly, that the posts of additional secretary rank were supposed to be created by the law department but services department directly appointed two additional secretaries in the law department. Now non-judicial officials would give lawful opinion to law department,” said insiders adding that Chief Minister and Deputy Chief Minister were not happy with the law department’s advice on controversial issues like circle rate, appointment of ACB, tussle with l-G.
Chief Minister Arvind Kejriwal himself had earlier expressed anger over the way the law principal secretary had suggested that several key proposals and bills should be cleared only after getting prior approval from the Centre. Despite the law secretary’s opinion, the AAP Government had passed key Cabinet decisions and tabled several Bills in the State Assembly.
Among the issues where the law secretary had categorically differed with the Government were on the proposal for revising the circle rates, Amendments in the Criminal Procedure Code (Cr.PC), 1973, Delhi Jan lokpal Bill and other Bills related to the education sector. Rules clearly state that any Bill having financial implications could be put up in the State Assembly only after getting prior approval of the Centre. But the AAP Government had gone ahead with its agenda of tabling the Bills before the Assembly even getting them cleared either by the Centre or l-G Najeeb Jung.