Stop taking orders from Governor, says Delhi govt to officials

New Delhi: The AAP government on Friday asked officials to stop taking direct orders from Delhi Lt Governor V K Saxena. It asked them to report any such orders to their respective ministers.

An official statement from Deputy Chief Minister Manish Sisodia said any orders received directly from the LG are a violation of the Constitution and directives of the Supreme Court. He added that the implementation of such orders will be viewed seriously.

"The Arvind Kejriwal-led Delhi government has instructed government officers to respect the Constitution of India and Supreme Court orders, and stop taking direct orders from the Lieutenant Governor (LG) of Delhi. All ministers have written to their department secretaries, directing strict compliance with the Constitution, Transaction of Business Rules (TBR), and Constitution Bench judgment of the Supreme Court. Secretaries have been instructed to report any direct orders received from the LG to the minister-in-charge," said the statement.

"As per the Constitution and orders of the Constitution Bench of the Supreme Court of July 4, 2018, the Government of National Capital Territory of Delhi (GNCTD) has exclusive executive control over all subjects except for three -- land, police, and public order. These three subjects are called reserved subjects. Those subjects over which GNCTD has executive control are called transferred subjects," added the statement.

"In the case of transferred subjects, the proviso to Article 239AA(4) provides that the LG may differ from the decision of the Council of Ministers on any of the transferred subjects. However, this difference of opinion must be exercised through a process prescribed in rules 49, 50, 51, & 52 of the Transaction of Business Rules (TBR)," it noted.

The statement further explained that the spirit of these rules is that the difference of opinion should not be mechanically exercised, and every attempt should be made to resolve those differences before issuing directions under rules 51 and 52.

It also said the Supreme Court ruling decided that the lieutenant Governor of Delhi must follow the procedure laid out in Rules 49 and 50 in the TBR of the Government of National Capital Territory of Delhi Rules, 1993 (TBR). "These rules dictate the procedure to be followed in case of a difference of opinion between the Lieutenant Governor and a Minister or the Council of Ministers."

"Rule 49 stipulates that the Lieutenant Governor must try to settle any point of difference by discussion and dialogue with the concerned minister. If a resolution cannot be reached, the Lieutenant Governor may direct the matter to be referred to the Council. Rule 50 provides for a procedure to be followed when there is a difference of opinion between the Lieutenant Governor and the Council of Ministers. The LG must refer the matter to the central government for a decision of the President."

"The government's order notes that in the last few months, the LG has given directions directly under rules 51 and 52 without following the procedure laid down in rules 49 and 50. Thus, the government has directed that if any secretary receives any directions from the LG under Rules 51/52 and if the procedure prescribed in Rules 49 & 50 has not been followed, in that case, the secretary should immediately place the matter before the minister-in-charge, who shall bring it to the notice of the CM and the LG," said AAP government.

The AAP government and Governor's office have been in a tussle for power for a while now. In the past, the AAP has accused LG of bypassing the elected government of Delhi.