Jung, Kejriwal on collision course

Sharp differences have once again cropped up between Raj Niwas and the Chief Minister’s office over processing files regarding the Delhi government. According to a press statement, released by Lieutenant-Governor Najeeb Jung’s office, it has been stated that it was constitutionally inappropriate to ask officials not to route files through the L-G’s Secretariat. The release said that the fact has been brought to the notice of Chief Minister Arvind Kejriwal.

The release comes in response to a letter sent on April 29 by the CM’s office, which directed all departments under the Delhi government to “not bother the office of the Lieutenant-Governor” in order to improve government efficiency. “While the business of the government is run in the name of President/Governor in the Government of India/states, without actually sending the files to the President/Governor in each case, in Delhi, the practise of burdening the Lieutenant-Governor with all files for approval continues,” the Delhi Government circular said.

The said circular, issued to all ministers, Chief Secretary and all departmental secretaries in the Delhi government by Chief Minister’s secretary Rajendra Kumar last week had said that with a view to expedite the process of decision making in affairs of the government of NCT of Delhi, it has been decided that files pertaining to all subjects transferred to the Delhi Legislative Assembly under Article 239AA (3) (a) of the Constitution of India shall be decided at appropriate level up to the office of Chief Minister without bothering the Lieutenant-Governor.

 In response to the said move, Raj Niwas on Sunday issued the clarification, saying it has drawn the attention of the Chief Minister to the relevant provisions of the Constitution, the GNCTD Act of 1991 and the Transaction of Business Rules 1993, which underscore the relationship between the L-G’s Secretariat and the Chief Minister’s office. “That the role of the Chief Minister and the Council of ministers is to aid and advise the Lieutenant-Governor, where the latter is entitled to act solely on his own discretion and all files relating to matters for which Legislative Assembly can make law should come to the L-G for final approval,” the clarification from L-G house said.

The clarification said: “Jung has instructed that the directions issued to the officers be withdrawn. He has made it incumbent on all officers to follow the constitution, GNCTD Act 1991 and the Transaction of Business Rules 1993, in letter and in spirit.” 

The Chief Minister’s office, however, had taken a contrary view on the matter. 

The circular issued by CM’s secretary had said, “The CM office has made all departments aware of the fact that a decision has been taken that files pertaining to all subjects transferred to Delhi Legislative Assembly under Article 239 AA(3)(A) of the constitution of India should be decided at an  appropriate level up to the office of the Chief minister without bother(ing) the office of the L-G.”