Delhi LG interfering with govt’s work, Sisodia says in letter

In another flashpoint between the Aam Aadmi Party (AAP) government and the lieutenant governor, deputy chief minister Manish Sisodia on Friday accused LG VK Saxena of interfering in the day-to-day functioning of the elected government, bypassing ministers and the cabinet, and termed it an “extremely worrying development”

In another flashpoint between the Aam Aadmi Party (AAP) government and the lieutenant governor, deputy chief minister Manish Sisodia on Friday accused LG VK Saxena of interfering in the day-to-day functioning of the elected government, bypassing ministers and the cabinet, and termed it an “extremely worrying development”.

New Delhi LG VK Saxena recently approved the Right of Way Policy in the national capital, paving the way for its notification. The policy approval was pending with the Delhi government for two years. (ANI)

In a letter sent to the LG on Friday (seen by HT), Sisodia wrote: “...your office has in recent past resorted to the practice of calling for files from various departments through their respective secretaries (HoDs), the chief secretary and transacting business thereon such as approving the issuance of notifications, etc., completely bypassing the concerned minster as also the cabinet.”

Sisodia urged the LG to take “necessary corrective steps so as to eschew avoidable controversy”.

Officials with the LG office did not respond to requests for a comment.

Sisodia’s order may escalate the running feud between the LG and the AAP government. Earlier this year, the LG ordered multiple probes against the AAP government and its ministers, including one into the implementation of the excise policy in which the Central Bureau of Investigation named Sisodia as an accused. The AAP has dismissed all the allegations.

Recently, to facilitate the smooth roll-out of 5G infrastructure in Delhi ahead of the G20 summit, the LG approved the Right of Way Policy in the national capital, paving the way for its notification. The policy approval was pending with the Delhi government for two years. The LG gave his approval after chief secretary Naresh Kumar sent the file to him, according to officials aware of the development.

“I am constrained to record that this unwholesome development apart from being contrary to the settled tradition and practice pertaining to the transaction of the business of the government, is contrary to the applicable constitutional provisions enshrined in Article 239AA (of the Constitution), the extant statutory regime put in place by the Government of National Capital Territory of Delhi Act, 1991 and, last but not the least, the law laid down by a Constitutional bench of five judges of the Supreme Court,” Sisodia added in the letter.

In its July 4, 2018 order, a Constitutional bench of the Supreme Court, which was hearing a case regarding the power tussle between the Delhi government and the Centre, ordered that the LG is bound to act on the aid and advice of Delhi’s democratically elected government.

On January 10 next year, a five-judge bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud is expected to hear other cases pertaining to the power tussle between the Centre and the Delhi government over administration of the Capital.

Referring to Article 239AA, Sisodia said that according to law, except for three reserved subjects (public order, police, and land), it is the elected government of Delhi which is vested with all legislative and executive decision-making authority with respect to the remaining subjects (transferred subjects).

Sisodia said that despite Rule 19(5) of Transaction of Business Rules, 1993 (which empower the LG to call for papers related to any proposal or matter in any department), the LG is not vested with any independent decision-making authority with respect to transferred subjects. “The LG is, in fact, bound to act on the aid and advice tendered to him by the council of ministers,” Sisodia said in the letter.

Sisodia urged the LG to take “timely and necessary corrective steps so as to eschew avoidable controversy and embarrassment which would doubtless not be in the best interest of the residents of Delhi. I firmly believe that it is imperative for all constitutional functionaries to work closely, cohesively and in tandem with each other so as to best subserve the interest of the people”.