Delhi Deputy Chief Minister Manish Sisodia on Friday wrote to Lt Governor V.K. Saxena, accusing him of interfering in the day-to-day work of the Delhi government and ‘constant bypassing of the elected government and its cabinet and to remind him of the constitutional division of powers’.
“I am constrained to address the present communication to you in light of certain extremely worrying developments which have been brought to my notice, namely, that your office has of late, in the recent past, resorted to the practice of calling for files from various departments through their respective secretaries, the chief secretary and transacting business thereon such as approving the issuance of notifications etc, completely bypassing the concerned minister as also the cabinet,” said Sisodia in the letter.
This unwholesome development apart from being contrary to settled tradition and practice pertaining to the transaction of business of the government, said Sisodia, is contrary to the applicable constitutional provisions enshrined in Article 239AA, the extant statutory regime put in place by the GNCTD Act, 1991 and, last but not the least, the law laid down by a Constitution Bench of the Supreme Court in the judgment in State (NCT of Delhi) versus Union of India (2018).
The Deputy Chief Minister reminded the Lieutenant Governor that, with the exception of three subjects- public order, police and land, Delhi’s elected government retains decision-making authority.
“It is most humbly submitted that the recent actions of Your Excellency giving orders directly to officers on transferred subjects bypassing Council of Ministers is contrary to law and orders of Hon’ble SC (Supreme Court),” Sisodia said.
“I therefore beseech you to… take timely and necessary corrective steps to eschew avoidable controversy and embarrassment,” he added, according to the report.