Lieutenant-Governor Najeeb Jung has started the process of “correcting” some steps by the AAP government in the past year or so by asking all departments to make a list of matters in which decisions were taken without approval of the Raj Niwas.
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“Article 239 AA of the Constitution clearly says that Delhi is a union territory and the L-G its administrative head”.
After Delhi government told the Supreme Court that it will challenge within a week the High Court order that Delhi continues to remain a UT under the Constitution with the Lieutenant Governor (LG) as its administrative head, the Ministry of Home Affairs filed the caveat saying that the apex court should also listen to its stand on the issue.
It had not accepted the AAP government’s contention that the LG is bound to act only on the aid and advice of Chief Minister and his Council of Ministers with regard to making laws by the Legislative Assembly under the Article 239AA and termed it as “without substance”.
In a memorandum to the Delhi chief secretary on Monday, the secretary to L-G, Vijay Kumar, said that in light of the high court order, all decisions that need his approval “suffer from legal infirmities and will have consequential repercussions”.
Secretaries, principal secretaries and heads of all the departments, autonomous bodies, boards, corporations and institutions concerned have been asked to review all such orders by August 17.
The L-G directed the departments that no order will be issued in the future without the approval of the “competent authority as per the prevailing constitutional scheme”. The decision had come after months-long turf war between the LG and Kejriwal for the reins of Delhi.
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“Whereas, over the last one and half year, orders relating to issue of statutory notifications, conferment, of statutory powers, amendments to Acts/Rules/Statutes, constitutions/re-constitution of various Boards/ Commissions/Corporations/Committees, including appointment of Chairman/members thereof etc have been issued which required prior approval of the competent authority – Lieutenant Governor of Delhi under extant Acts/Rules/Guidelines as per prevailing constitutional scheme”. “The proposals should be through a proper channel and with the opinion of the law department, wherever required”.
