Stop Taking Direct Orders From Lt Governor: Delhi Government To Officials

The AAP government on Friday asked officers to stop taking directives from Delhi Lt Governor V K Saxena and report any similar orders from him to their separate ministers, a move that may spark a fresh hassle between the ruling party and the LG office. According to an sanctioned statement, Deputy Chief Minister Manish Sisodia said the government has advised that any similar orders entered directly from the LG are a violation of the Constitution and directives of the Supreme Court.

 He said the perpetration of orders, that are in violation of SC directives and the Constitution, will be viewed seriously. The LG office and the AAP division have been engaged in a hassle over a host of issues, including the government’s offer to shoot academy preceptors to Finland for training. On several occasions in the history, AAP leaders have indicted the LG of bypassing the tagged government of Delhi and issuing orders to officers.

 The vexatious Centre- Delhi government row over control of services is being heard by the Supreme Court ” The Arvind Kejriwal- led Delhi government has instructed government officers to admire the Constitution of India and Supreme Court orders, and stop taking direct orders from the Lieutenant Governor( LG) of Delhi,” the statement read. ” All ministers have written to their department registers, directing strict compliance with the Constitution, sale of Business Rules( TBR), and Constitution Bench judgment of the Supreme Court. registers have been instructed to report any direct orders entered from the LG to the minister- in- charge,” said the statement.

 The order issued by the government states that as per the Constitution and orders of the Constitution Bench of the Supreme Court of July 4, 2018, the Government of National Capital Territory of Delhi( GNCTD) has exclusive administrative control over all subjects except for three– land, police, and public order ” These three subjects are called reticent subjects. Those subjects over which GNCTD has administrative control are called transferred subjects,” the government statement stated.

 In the case of transferred subjects, the contingency to Composition 239AA( 4) provides that the LG may differ from the decision of the Council of Ministers on any of the transferred subjects ” still, this difference of opinion must be exercised through a process specified in rules 49, 50, 51, & 52 of the sale of Business Rules( TBR),” it noted.

 Explaining the vittles, the statement stressed that the spirit of these rules is that the difference of opinion shouldn’t be mechanically exercised, and every attempt should be made to resolve those differences before issuing directions under rules 51 and 52. Reiterating that the Supreme Court had issued a ruling regarding the governance of the Delhi, the statement said it had stated that the Lieutenant Governor of Delhi must follow the procedure laid out in Rules 49 and 50 in the TBR of the Government of National Capital Territory of Delhi Rules, 1993( TBR).

 These rules mandate the procedure to be followed in case of a difference of opinion between the Lieutenant Governor and a Minister or the Council of Ministers, it said. Rule 49 stipulates that the Lieutenant Governor must try to settle any point of difference by discussion and dialogue with the concernedminister.However, the Lieutenant Governor may direct the matter to be appertained to the Council, it claimed, If a resolution can not be reached.

 also, Rule 50 provides for a procedure to be followed when there’s a difference of opinion between the Lieutenant Governor and the Council of Ministers. The LG must relate the matter to the central government for a decision of the President, it said. The court’s ruling also clarifies the meaning of” aid and advise” employed in Composition 239- AA( 4). The LG of Delhi is bound by the aid and advice of the Council of Ministers, and he doesn’t have any independent decision- making power. still, the Lieutenant Governor has the power to relate a matter to the President in exceptional circumstances, the statement said.

” still, the government’s order notes that in the last many months, the LG has given directions directly under rules 51 and 52 without following the procedure laid down in rules 49 and 50,” the statement said. The government has observed that as per rule 57, it’s the duty of every clerk to insure that the vittles of TBR are duly followed, it said.

” therefore, the government has directed that if any clerk receives any directions from the LG under Rules51/52 and if the procedure specified in Rules 49 & 50 has not been followed, in that case, the clerk should incontinently place the matter before minister- in- charge, who shall bring it to the notice of the CM and the LG,” the statement said.