New Delhi: The Delhi government on Friday instructed its officers to stop taking direct orders from the Lieutenant Governor (L-G), a move that may trigger a fresh tussle between the ruling party and the L-G office.
All ministers have written to their department secretaries, directing strict compliance to Transaction of Business Rules (TBR). Secretaries have also been instructed to report any direct orders received from the L-G to the minister-in-charge.
The order states that as per the Constitution of India and orders of the Supreme Court Constitution Bench dated July 4, 2018, the Government of National Capital Territory of Delhi (GNCTD) has exclusive executive control over all subjects except for three: land, police, and public order. These three subjects are called “reserved” subjects. Those subjects over which GNCTD has executive control are called “transferred” subjects.
As per AAP party’s statement, on the several occasions in recent past, the L-G has bypassed the elected government violating the existing laws, which include but are not limited to appointment of Haj Committee members, nomination of aldermen in MCD, appointment of Presiding Officer in MCD, and issuance of Prosecution Sanction in cases of CrPC 196.
The government has observed that as per rule 57, it is the duty of every secretary to ensure that the provisions of the TBR are properly followed. Thus, the government has directed that if any secretary receives any directions from the L-G under Rules 51/52 and if the procedure prescribed in Rules 49 & 50 has not been followed in that case, the secretary should immediately place the matter before minister-in-charge, who shall bring it to the notice of the CM and the L-G.
Deputy Chief Minister Manish Sisodia informed that the government has warned that any such orders received directly from the L-G are a violation of the Constitution and directives of the Supreme Court and it will be viewed seriously.
The Supreme Court of India had issued a ruling regarding the governance of the National Capital Territory (NCT) of Delhi. The court had stated that the Lieutenant Governor of Delhi must follow the procedure laid out in Rules 49 and 50 in the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993. These rules dictate the procedure to be followed in case of a difference of opinion between the L-G and a minister or the Council of Ministers.
In the case of transferred subjects, the provision to Article 239AA(4) provides that the L-G may differ with the decision of the Council of Ministers on any of the transferred subjects. However, this difference of opinion must be exercised through a process prescribed in rule 49, 50, 51, & 52 of the TBR.
The spirit of these provisions is that the difference of opinion should not be mechanically exercised, and every attempt should be made to resolve those differences before issuing directions under rules 51 and 52.