Speaker writes to Atishi, says committees in previous Assembly were used to 'browbeat bureaucrats'

New Delhi: Delhi Assembly Speaker Vijender Gupta has written to former chief minister Atishi, alleging that the committees in the previous Assembly were used to "browbeat the bureaucrats" with a view to get the elected government's "illegal" decisions implemented.

Earlier this month, Atishi had alleged the 2021 amendment to the Government of National Capital Territory of Delhi Act has "significantly weakened" the Assembly committees' powers, and urged Speaker Gupta to press for its repeal.

In a letter to Gupta, the leader of the opposition in the Assembly expressed concern that the amendment has created an "anomalous situation" by prohibiting the committees from inquiring into the day-to-day administrative matters or decisions taken by the Delhi government.

Responding to her letter, Gupta said he appreciated her concern over the restrictions in the working of the committees after the 2021 amendment of the Government of NCT of Delhi Act.

"Unfortunately, it was the vindictive manner of working of the previous regime, that had compelled the Parliament, which is the supreme law-making body of India, to take such a step," he wrote in the letter dated May 23.

There was no immediate reaction from AAP.

Gupta alleged that the earlier Assembly and its committees were used to "browbeat the bureaucrats and interfere in their working with a view to get the elected government's illegal decisions implemented".

"Not a single committee submitted any productive or positive recommendation which would benefit the people of Delhi. Further, the financial committees, about which you have now expressed your concern, did not examine a single para or issue, leave alone submit any report in the past ten years," read his letter.

He assured Atishi that the current Assembly and its committee shall function effectively within the contours laid down by law.

Talking about the 2021 amendments, he stressed that none of the committees, including the financial committees, will examine matters of day-to-day administration of the capital or conduct any inquiries in matters of administration till Parliament in its wisdom reviews the amendments.

"In fact the Assembly or its committees should not interfere in trivial issues of day-to-day administration. Be that as it may, ultimately it is the Speaker who has to decide whether an issue is a matter of day-to-day administration or not and his decision cannot be questioned," he emphasised.

Gupta said Atishi's interpretation that the Public Accounts Committee (PAC) can examine only appropriation accounts, is bereft of any merit.

"In fact it is the constitutional obligation of the C&AG to present its reports to the Assembly and for the PAC & COGU (Committee on Government Undertaking) to examine it.

"Any irregularity which has caused or may have caused loss to the exchequer can be examined by the Assembly which had sanctioned it," he explained.

The PAC is the extension of the Assembly which examines such issues, he added.

He emphasised that the committees will dutifully dispose their legislative obligations as laid down by the Constitution.

"The existing powers of the committees, within the boundaries laid down by the Constitution and the GNCTD Act, is sufficient to fulfil its duties and there need be no apprehension that the committee will be handicapped in its working," he added.

In her communication, Atishi had argued that the financial committees, including the PAC and Estimates Committee, would be unable to fulfil their mandate under the amended Act, rendering their inquiries ineffective and potentially open to legal challenges.