Delhi LG objects to Assembly special session; AAP says ‘wrong definition of law’

Delhi LG wrote a letter to the chief minister and the Delhi Assembly secretary stating that the current assembly session has been called in violation of the rules

A two-day special session of the Delhi Assembly began on Wednesday with deputy Speaker Rakhi Birla informing the House that lieutenant governor VK Saxena has raised objections to the convening of the session, but his reservations are without merit and are completely based on the wrongful definition of the laws.

A two-day special session of the Delhi Assembly began on Wednesday with obituary references to people who have been killed in ethnic clashes in Manipur and communal violence in Haryana, people who died in Odisha train accident, and other incidents. (File Photo)

This is the first session of the Delhi Assembly since the Government of National Capital Territory of Delhi (GNCTD) (Amendment) Act, 2023, which puts the control of the city’s administration in the hands of the Centre, was codified into law last week.

Birla informed the House that LG Saxena wrote a letter to chief minister Arvind Kejriwal on August 11 and marked a copy to the Delhi Assembly secretary stating that the current assembly session has been called in violation of the rules.

“The LG has raised objections on the convening of the third part of the fourth session. His opinion is that the assembly sessions should be prorogued, and fresh assembly sessions should be convened with his (LG) approval, and there should be a minimum of three sessions in a year. The LG has also stated that the current assembly session has been convened without the recommendation of the Delhi Cabinet, which is a violation of rules including the recent GNCTD (Amendment) Act” Birla said.

She said that the provisions of the GNCTD (Amendment) Act-- which say that the opinion of the LG is needed for the summoning of the Delhi Assembly, prorogation, and dissolution-- are not related to convening the special session. “It is related to the new convening of the fresh session of the Assembly and not a special session. LG has no role in calling the special session of the Assembly,” she said.

She further said: “Special sessions are called even in Parliament and other state Assemblies. Rules empower the Speaker to convene the House any time after adjourning the Assembly sessions sine die. If the Cabinet recommends the prorogation of the session, then the next session is called with the approval of the LG. If the session is not prorogued, then the Assembly session can be convened under Rule 17 with the approval of the Speaker. The entire country has a similar convention.”

“Under rule 17, the Speaker can convene the House anytime if the session has not been prorogued anytime. I received a note on August 8 from the minister of law and justice with the approval of the CM to convene the House on August 16. Accordingly, I convened the House. Lok Sabha also has similar rules to call special sessions,” Birla said.

“The Assembly session has been called according to laws and any remarks passed on it are without merit and are completely based on wrong definition of the laws,” Birla said.

“Many times since 1993, assembly sessions have been called to discuss important issues affecting the people of the Capital. LG has levelled serious allegations that the Speaker has violated the decision of the Cabinet by convening the third part of the fourth session rather than calling the fifth part of the session. Since the cabinet had not recommended the prorogation of the session under Rule 17, the special session has been reconvened. The LG should know that unless the Cabinet recommends the prorogation of the Assembly session, a new session cannot be called. LG should avoid levelling such baseless allegations,” she added.

“The LG seems to be upset that Parliament and other assemblies have three sessions (budget, monsoon and winter sessions), but Delhi assembly has only one session,” she said.

Birla said that budget, monsoon, and winter sessions do not find mention in the Constitution or GNCT of Delhi Act, they are just nomenclatures from the colonial period and used in common parlance.

She also informed that LG has informed that there is no intimation of the proposed legislative business. “…the Speaker has the power to decide the business in consultation with the chief minister. LG has no role in legislative work, and it is also not necessary that legislative work is carried out in every session.

HT has sought the response of LG’s office on the development. The story will be updated when LG’s office responds. Earlier, Saxena had also flagged “grave procedural lapses” in the session convened in April, which was called after Kejriwal received summons from the CBI for questioning him in connection with the excise policy case.

Leader of Opposition and Bharatiya Janata Party (BJP) MLA Ramvir Singh Bidhuri stood up in the House in support of the LG. “I support the letter written by the LG. Show me one state Assembly where question hour is not listed in the list of business…the problems of Delhi are not raised in the Assembly but matters outside the jurisdiction of the Assembly are raised. In this situation what is the usefulness of the Assembly,” Bidhuri said.

Earlier in the morning, the session began with obituary references to people who have been killed in ethnic clashes in Manipur and communal violence in Haryana, people who died in Odisha train accident, and other incidents.

Aam Aadmi Party (AAP) MLAs alleged that the Delhi government officers are not releasing funds for development work, including for the distribution of drinking water, which has hampered the work, and demanded that the responsibilities of the officers should be fixed.

BJP MLA Ajay Mahawar said it is the old habit of the AAP government to blame others when they fail to deliver on their promises.