‘Disclose 2014 report on Delhi Assembly dissolution’

The Central Information Commission (CIC) on Wednesday directed the Lt Governor of Delhi and Union home ministry to disclose the report on the basis of which Delhi assembly was dissolved in November 2014, saying the Lt Governor does not enjoy immunity from disclosing such reports.

Information Commissioner Sridhar Acharyulu said the office of Lt Governor cannot claim immunity given under Article 163(3) which says that “the question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court”.

“The Commission agrees with the contention of appellant that Article 163(3) of the Constitution does not apply to Union Territory of Delhi, which could be invoked only in case of a full­fledged and not to the UT with assembly like Delhi,” the information commissioner said.

Acharyulu said there is no mention of any provision like protecting the advice given to L-G as available under Article 74(2) (regarding President) and Article 163(3) (regarding Governors). 

“Moreover, Article 163(3) applies specifically to the ‘advice of a Council of Ministers to the Governor’. The information sought here is a report sent by the UT Administrator to Union Government or President.

“Article 163 has nothing to with this communication. Even in those cases where Article 163(3) applies, there is no immunity from disclosure. There is no bar against citizen from having a copy of the advice/report of LG to Union government,” the information commissioner said.

He directed the office of L-G and the home ministry to provide certified copies of report along with all other papers sent by L-G to the Union government, within 30 days from the date of receipt of this order. In November 2014, Lt Governor Najeeb Jung had recommended to the President dissolution of the Delhi Assembly as major players BJP, AAP and Congress had expressed “inability” to form government and preferred holding of polls.

Jung’s report paved the way for holding of fresh polls in the capital which was under President’s Rule from February, 2014 when the AAP government quit after 49 days of rule.