Delhi lieutenant governor’s direct orders to officers contradicts laws, says Manish Sisodia
The lieutenant governor cannot legislate on subjects apart from those that concern public order, police and land, the deputy chief minister said.
Delhi Deputy Chief Minister Manish Sisodia on Friday wrote to Lieutenant Governor VK Saxena claiming that his direct orders to officers contradicted the law, PTI reported.
“It is most humbly submitted that the recent actions of your Excellency giving orders directly to officers on transferred subjects bypassing Council of Ministers is contrary to law and orders of Hon’ble SC,” Sisodia said in a letter. “However, if I am incorrect, those provisions may be indicated which empower his Excellency to issue such orders.”
Sisodia cited Article 239AA of the Constitution, saying that apart from three reserved subjects – public order, police and land – the lieutenant governor cannot legislate on other subjects. He added that the elected government of Delhi is vested with all legislative and executive decision-making powers in respect of the remaining subjects.
The deputy chief minister also cited Section 41(1) of the Government of National Capital Territory of Delhi Act stating that the lieutenant governor can exercise discretion only in matters as fall outside the purview of powers conferred on the Legislative Assembly.
In this context, Sisodia said that it is a matter of concern that Saxena’s office has been asking for files of officers from various departments without informing the minister.
“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 and I assure you that me and all my colleagues will continue to do so as this is the only way in which we can fully discharge the trust and faith reposed in us,” Sisodia said.
The Delhi government and the lieutenant governor have been locked in a tussle over various issues.
Saxena has ordered an investigation into the Aam Aadmi Party government’s free electricity scheme and purchase of buses.
The Aam Aadmi Party leaders have described Saxena’s action as the Bharatiya Janata Party-led Central government’s efforts to meddle with the functioning of the Delhi government.