New Delhi: Deputy Chief Minister of Delhi Manish Sisodia on Saturday (July 17, 2021) urged Lieutenant Governor Anil Baijal to ‘stop taking decisions on matters under the elected government’. In a letter that comes amid the tussle over the powers of the Arvind Kejriwal-led government in the national capital, Sisodia alleged that Lt Governor has been calling the key officers of various departments of the Delhi government in his office for the last about three months.
The AAP leader stated that Baijal is also holding a meeting with them and giving guidelines regarding the work related to their departments.
Sisodia also called upon Baijal to ‘stop calling meeting of officials on such matters and giving them directions’.
He said, “Your such meetings and the decisions taken in it are not only unconstitutional but also a violation of orders of Supreme Court.”
Sisodia added, “Sidelining the elected government and your calling meeting of officials and taking decisions in them is a murder of democracy.”
This is to be noted that since April 27, 2021, Delhi’s LG Anil Baijal is the ‘government’ in the Union Territory as the Centre had notified the amended Government of National Capital Territory of Delhi (Amendment) Act, 2021. This gives the Lieutenant Governor more powers than the Chief Minister of Delhi.
Dy CM @msisodia writes to LG Anil Baijal.
Urges him not to take decision on the subjects falling under the elected Govt of Delhi.
“जनतंत्र ने आपको यह योग्यता और ताकत दी है। अब इस जनतंत्र को बचाने की जिम्मेदारी आपकी भी है।” pic.twitter.com/MDxPdsQqDk
— AAP (@AamAadmiParty) July 17, 2021
Manish Sisodia said, “Whatever the political pressures on you, please do as L-G what will further strengthen the democracy.”
“You are also giving directions to the concerned officers by calling the concerned officers in your meeting without informing the ministers about the works coming under the purview of the elected government of Delhi. Later the officers of the Lieutenant Governor`s office put constant pressure on the officials of the government to implement those decisions,” Sisodia wrote.
He said if Governors or the Lieutenant Governors appointed by the Central Government start taking decisions on all the subjects by ignoring elected governments, the hard-earned democracy in the country will come to an end.
“Nowhere in the Constitution has the Lieutenant Governor of Delhi been empowered to convene a direct meeting of the officers of the departments concerned, take decisions and issue directions to them on the subjects under the elected government of Delhi,” Sisodia further added.
He said the constitution only provides for decisions concerning land, police and public order to be taken by the Lt Governor of Delhi.
The Deputy Chief Minister referred to the Supreme Court judgement of 2018 and said the five-judge bench had said that the Lt Governor “does not have a right to take an independent decision” and mentioned that the constitution provides only two rights to the Lt Governor – either to agree with the decision of the elected government or to send his disagreement to the President.
He said the apex court had also said that the right to convey disagreement has to be exercised in rare and exceptional circumstances by the Lt Governor.
“I would like to request that you stop the decision-making activities in the subjects which come under the elected government of Delhi. Stop calling officers` meetings on these subjects and giving them instructions. These meetings of yours and the decisions taken in them are not only unconstitutional but also a violation of the order of the Supreme Court,” the AAP leader said.
(With ANI inputs)