Delhi Deputy Chief Minister Manish Sisodia on Saturday wrote to Delhi Lieutenant Governor Anil Baijal, urging him not to take decisions on the subjects falling under the Delhi government’s purview.
This comes amid a standoff between the Aam Aadmi Party-led Delhi government and the Centre-appointed L-G on appointing special public prosecutors in cases related to the farmers’ tractor rally on Republic Day and 2020 northeast Delhi riots.
In his letter Sisodia pointed that L-G has been chairing meetings with officials of different department of the Delhi government and instructing them without informing the concerned ministers.
“It has also come to my notice that the officials in L-G’s office are pressuring Delhi government officials to comply with directions issued by the L-G,” Sisodia’s letter read.
“I thought several times before writing this letter to you, but it is not about the personal relations but about protection of democracy. If the Centre appointed-L-G would sideline the elected government and start taking decisions on every subject on his own, then the democratic system which we have gained through fighting for years will be destroyed,” it stated.
Sisodia said it is not mentioned anywhere in the Constitution that the Centre appointed-L-G will call meetings and pass arbitrary decisions and force the officials to comply with directions on subjects which directly fall under the elected government.
“The Constitution allows you to take decisions on three subjects – Police, Land and Public Order and other than these three subjects, the elected government is free to take its own decisions. Being the L-G of the national capital, you have veto power to differ with the decision taken by the elected government,” the letter read.
Sisodia cited the Supreme Court’s order on July 4, 2018, which read, “The Lieutenant Governor of NCT of Delhi is bound by aid and advice of the Council of Ministers and this position holds true so long as the Lieutenant Governor does not exercise his power under the proviso to clause (4) of article 239AA. A Lieutenant Governor has not been entrusted with any independent decision-making power. He has to either act on ‘aid and advice’ of the Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.”
