LG Saxena's action of giving orders directly to officers contrary to law: Sisodia

Deputy Chief Minister Manish Sisodia on Friday wrote to Lieutenant Governor V K Saxena alleging that his "recent actions" of giving orders directly to officers were contrary to law.

Citing various provisions of the Government of National Capital Territory of Delhi (GNCTD) Act and Article 239AA of the Constitution, Sisodia said it is imperative for all constitutional functionaries to "work closely, cohesively and in tandem with each other so as to best subserve the interest of the people".

He requested Saxena to "take timely and necessary corrective steps so as to eschew avoidable controversy and embarrassment which would doubtless not be in the best interest of the residents of the NCT of Delhi".

Amid an ongoing power tussle, the LG office and the Arvind Kejriwal government have had frequent run-ins over administration and policy-related decisions, including the now-scrapped excise policy.

"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. However, if I am incorrect, those provisions may be indicated which empower his Excellency to issue such orders," Sisodia wrote to Saxena.

Citing Article 239AA, Sisodia said that it is today a well-settled position of law and beyond any pale of doubt or dispute that except for the three reserved subjects -- public order, police and land -- it is the elected government of Delhi which is vested with all legislative and executive decision making powers in respect of the remaining subjects.

Section 41(1) of the GNCTD Act makes it abundantly clear that the lieutenant governor is empowered to exercise discretion only in such matters as fall outside the purview of powers conferred on the Legislative Assembly but in respect of which powers or functions have been entrusted or delegated to him by the President of India or in matters where he is required by or under any law to exercise such discretion.

"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, 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," Sisodia said.

He said "this unwholesome development, apart from being contrary to settled tradition and practice pertaining to the transaction of business of the government, is contrary to" the applicable constitutional provisions, the GNCTD Act, and the Supreme Court verdict.

"I firmly believe that it is imperative for all constitutional functionaries to work closely, cohesively and in tandem with each other so as to best subserve the interest of the people and I assure you that me and all my colleagues will continue to do so as this is the only way in which we can fully discharge the trust and faith reposed in us," he said.