NEW DELHI: Deputy Chief Minister Manish Sisodia on Friday raised a slew of allegations of interference into government matters against Lieutenant Governor Vinai Kumar Saxena. In a letter to the L-G, the deputy CM claimed that Saxena has been meddling in day-to-day activities of the government, bypassing its ministers and giving orders directly to its officers. He also claimed that the L-G is threatening to suspend officers for refraining from following directions.Sisodia said that this goes against the orders of the Supreme Court.
In the letter, the Deputy CM said that the recent actions of Saxena giving orders directly to officers on transferred subjects – bypassing the Council of Ministers – is contrary to law and orders of the Supreme Court. “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,’’ Sisodia said, expressing concern over frequent interference by the Raj Niwas.
It is the elected Government of the National Capital Territory of Delhi (GNCTD) which is vested with all legislative and executive decision making authority – except for the three reserved subjects, namely, public order, police and land of List II, Schedule VII of the Constitution, Sisodia mentioned, while underlining Article 239AA.
He also emphasised on the GNCTD Act, 1991 which states that the Section 41(1) makes it abundantly clear that the L-G is empowered to exercise discretion only in such matters as fall outside the purview of powers conferred on the state Legislative Assembly.
“The provision to Article 239 AA is in the nature of a protector to safeguard the interests of the Union on matters of national interest in relation to the affairs of the National Capital Territory. Every trivial difference does not fall under the proviso. The proviso will, among other things, encompass substantial issues of finance and policy which impact upon the status of the national Capital or implicate vital interests of the Union,” Sisodia said, while stating the judgment of the State (GNCTD) v Union of India & Anr., (2018) 8 SCC 501.
“Given the complexities of administration, and the unforeseen situations which may occur in future, it would not be possible for the Court in the exercise of judicial review to exhaustively indicate the circumstances warranting recourse to the proviso. In deciding as to whether the proviso should be invoked the L-G shall abide by the principles which have been indicated in the body of this judgment,” he said.
“I therefore beseech you to reconsider the advisability of the course of action which I believe has been put into motion and 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 the NCT of Delhi,” Sisodia said.