Delhi

Many orders of L-G illegal in view of 2018 SC judgement on ‘transferred subjects’, says Delhi CM

Anup Verma

NEW DELHI: Chief Minister Arvind Kejriwal and Lieutenant Governor V K Saxena sat on their weekly meeting on Friday, where the CM said the latter can ask for any government file since he is the ‘administrator’. Kejriwal claimed that various orders of the L-G are illegal in view of the 2018 Supreme Court judgement on ‘transferred subjects’.

Kejriwal alleged that during the meeting, he cited Supreme Court judgements and various provisions of the Constitution but the L-G said that he has been referred to as the ‘administrator’ and enjoys supreme authority. He said that he carried copies of the Constitution, the GNCTD Act, Motor Vehicles Act and School Education Act with him to this meeting.

Reiterating that the L-G has been interfering in his government’s work, the CM said that he is causing inconvenience to the citizens of Delhi. The intent was to sort out the issues, which is why he carried copies of court rulings and acts, the Chief Minister said.

He said that there are two categories of governing subjects for the capital – the ‘reserved subjects’ which include police, land, and public order the L-G can solely take decisions. This apart, there is the ‘transferred subjects’.  

“All the other subjects come under the Delhi government. In July, the Constitution bench of the Supreme Court had passed a judgement that said the L-G has not been entrusted with any independent decision-making power in terms of transferred subjects,” he said.

Adding that there is no independent authority vested in the L-G to take decisions, Kejriwal said that in some matters, L-G can act as a judicial authority. Kejriwal said that this means that various orders passed by L-G, including ones on sealing of Delhi Dialogue and Development Commission Vice Chairman Jasmine Shah’s office and issuing of notice demanding Rs 164 crore in recovery for ad expenses, are “illegal and unconstitutional”.

Kejriwal further said that this means that various orders passed by the L-G – including the sealing of Delhi Dialogue and Development Commission Vice Chairman Jasmine Shah’s office and the order to recover Rs 164 crore spent on ad expenses – are ‘illegal and unconstitutional’. He also alleged that several departments stopped payments to the Delhi government three months ahead of the MCD elections. The CM alleged that the officials said that they had been unofficially told to do so. This was done to hurt the AAP in the polls.

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