Delhi govt instructs officers to not take direct orders from LG

The development comes at a time when the Delhi government and the LG secretariat are engaged in a tussle over various issues, including a recent proposal to send Delhi’s school teachers to Finland.

The Delhi government has asked officials to stop taking direct orders from lieutenant governor (LG) VK Saxena, a statement by the administration said on Friday, adding that the measure cited administrative rules and warned of strict action against those violating the directive.

Deputy chief minister Manish Sisodiawarned officials that the government will view implementation of such orders seriously because any order given directly by the LG is a violation of the Constitution. (ANI)

According to the statement, deputy chief minister Manish Sisodiacautioned officials that the government will view the implementation of such orders seriously because any directive straight from the LG is a violation of the Constitution and directives of the Supreme Court. “All ministers have written to their department secretaries, directing strict compliance with the Constitution, Transaction of Business Rules (TBR) and Constitution Bench judgment of the Supreme Court. Secretaries have been instructed to report any direct orders received from the LG to the minister-in-charge,” said the Delhi government. Officials at the LG’s office were not available for comment. Delhi BJP spokesperson Praveen Shankar Kapoor, however, said that in the last year, many corruption cases and irregularities of the Delhi government came to the fore and the government is “trying to divert the public’s attention from corruption and misgovernance”. “It has been made clear time and again that Delhi is a Union Territory where the LG has supremacy in the matter of services and the right to review every single government decision or government project.”

The development comes at a time when the Delhi government and the LG’s office are engaged in a tussle over various issues, including a recent proposal to send Delhi’s school teachers to Finland for training. On several occasions, the Delhi government has raised objections to the LG’s alleged interference in its functioning.

To be sure, according to the Constitution, and orders of the Supreme Court’s Constitution Bench dated July 4, 2018, the Government of National Capital Territory of Delhi has exclusive executive control over “transferred subjects”, except for three reserved ones — land, police, and public order. “In the case of transferred subjects, the provision of Article 239AA(4) provides that the LG may differ from the decision of the council of ministers on any of the transferred subjects. However, this difference of opinion must be exercised through a process prescribed in rules 49, 50, 51, & 52 of the Transaction of Business Rules (TBR). The Transaction of Business Rules, 1993, provide a composite and holistic perspective on the modalities that must be followed in case of a difference of opinion between the lieutenant governor and the council of ministers,” the statement said. According to rule 49, in case of a difference of opinion between the LG and a minister, the LG shall settle the matter with a discussion. If differences persist, LG may refer the matter to the council.

Rule 50 says that in case of a difference of opinion between LG and the council, the LG shall refer it to the central government for the decision of the President. As per rule 51, if a case is referred to the Centre, the LG must direct that action be suspended pending the President’s decision. Rule 52 says when the LG gives a direction in pursuance of rule 51, the minister concerned must act accordingly.

The Delhi government noted in its statement that according to rule 57, it is the duty of every secretary to ensure that the provisions of TBR are properly followed. Accordingly, if any secretary receives any directions from the LG under rules 51/52 and if the procedure prescribed in rules 49 and 50 has not been followed, the secretary should immediately place the matter before the minister in-charge, who shall bring it to the notice of the CM and the LG.

It added that while the court ruling emphasised the importance of dialogue in resolving differences, the LG had given directions directly under rules 51 and 52 without following the procedure laid down in rules 49 and 50 in the past few months.

The government added that the court clarified that the LG was bound by the advice of the council of ministers, and did not have any independent decision-making power except in exceptional circumstances. “The difference of opinion should not be mechanically exercised, and every attempt should be made to resolve those differences before issuing directions...,”the Delhi government said