Lieutenant Governor flags procedural lapses' in summoning of Delhi Assembly's one-day session on Monday

New Delhi: Delhi Lt Governor V K Saxena has raised red flags over "procedural lapses" in summoning of the state Assembly's one-day session on Monday amid AAP convener and Chief Minister Arvind Kejriwal's questioning by the CBI in the alleged liquor scam case.

In a note to the Delhi government, Saxena has pointed out that the Speaker of the Delhi Legislative Assembly has proposed to call the second part of the 4th session of the 7th Assembly, whereas the Delhi Cabinet has recommended for convening a one-day session of the Assembly, officials at LG office said on Sunday.

As per Rules and Act, the Assembly House, which was adjourned sine die on March 29, 2023, has to be first prorogued before a fresh session can be convened. As a session remains unprorogued, a new session cannot be convened, they said.

"I fail to understand as to under what circumstances and under which provision of the GNCTD Act, 1991 the Second Part of the Fourth Session (Budget Session) of the Seventh Legislative Assembly has been convened instead of moving a proposal for Prorogation of the Budget Session and convening of the "One Day Session as per the Cabinet Decision." the LG said in his note.

This convening of Second Part of the Fourth Session (Budget Session) of the Seventh Legislative Assembly is not in accordance with the Cabinet Decision dated and hence inconsistent with the statutory provisions envisaged under section 6 of the Government of NCT of Delhi Act, 1991, he said.

"Therefore, the proposed Second Part of Fourth session on April 17 being summoned without following the due procedure, should not be convened," Saxena suggested.

The LG, in his note, "advised" the government to direct the concerned department to submit an appropriate proposal to prorogue the Fourth Session (Budget Session) of the Seventh Legislative Assembly with immediate effect, and for summoning "One-Day Session" in accordance with provisions of Section 6 of the GNCTD Act, 1991.

The LG also highlighted that there was no indication of any proposed legislative business to be transacted by the Assembly on April 17.

"This also needs to be reflected in the Cabinet Decision as per Rule 15 (1) of the Rules of Procedure and Conduct of Business of Legislative Assembly of NCT of Delhi Rules, 1997 to allow the members of the House to come prepared for fruitful deliberations," read his note.

Reacting to the LG's note, senior AAP leader and Cabinet minister in the Kejriwal government Saurabh Bhardwaj said, "Let me enlighten LG saab - Under Rule 17 of the Rules of Procedure and Conduct of Business in Delhi Assembly, Hon'ble Speaker has the power to call a sitting of the House "at any time after the House has been adjourned sine-die"."

"However as per prevailing parliamentary practice, the Speaker convenes only on the recommendation of the Cabinet. The House has not been prorogued and prorogation can be done only on recommendation of the Cabinet.

"As there was no recommendation of the Cabinet for prorogation, the Hon'ble Speaker rightly summoned the House under Rule 17(2). Copy of summons issued to the Honble Members is attached," he said in a series of tweets.

Kejriwal on Saturday had said a resolution would be tabled in the upcoming session of Delhi Assembly urging the Centre to fix time limits for governors and Lt governors to carry out their constitutional functions.

He had alleged that in the national capital, the Lt Governor has "regularly meddled" with the democratic mandate of Delhi's Legislature, blocked the presentation of Delhi's Budget and gone further to even bring day-to-day executive functioning of the government to a standstill under the guise of the unconstitutional 2021 amendment to the GNCTD Act.