Throwing a challenge to the Centre, the Aam Aadmi Party government on Tuesday moved a resolution at a special session of the assembly questioning the constitutional validity of its notification giving absolute powers to the Lt Governor on a number of crucial areas of administration.
Moving the resolution, Deputy Chief Minister Manish Sisodia called the notification an ‘insult’ to the "most popular mandate" of the people of Delhi while an AAP member of Legislative Assembly sought legislative provisions to impeach the Lt Governor if the House loses trust in him.
Strongly condemning the notification, Sisodia termed it as a ‘big encroachment’ upon powers of the Delhi assembly and said its issuance was like a ‘crime’ committed by the Home Ministry which the AAP government will resist tooth and nail.
"This notification is a big encroachment upon the powers of the Delhi assembly. It was issued citing that as Delhi doesn't have state service commission, so the Delhi assembly does not have control over services. Tomorrow the central government can say that you don't have control over the sources of water so you can't supply water to the city," he said.
He accused the Centre of toying with the Constitution while noting that merely an executive order cannot bring about such amendments. "The issuance of the notification is an insult to the most popular mandate ever."
In the notification, the Centre gave absolute powers to the LG in appointment of bureaucrats while also clarifying that he need not ‘consult’ the chief minister on subjects like the police and public order.
The ACB of the Delhi government has also been barred from registering any case against officers and political functionaries of the central government. However, the Delhi high court on Monday ruled that the ACB has the authority to probe central government officials, including Delhi police personnel.
Participating in the debate, AAP MLAs, one after the other, lambasted Lt Governor Najeeb Jung and the Centre while some of them demanded full-statehood to Delhi.
Dwarka MLA Adarsh Shastri, who is the grandson of former Prime Minister Lal Bahadur Shastri, demanded constitutional amendment to empower state assemblies to impeach Governors and Lt Governors. Shastri attacked Jung for ‘creating hurdles’ for the elected government and said provisions of impeachment of LG and Governors would address such issues.
The first day's proceedings at the two-day session was not without drama as a BJP MLA was marshalled out of the house after he made critical remarks against Speaker Ram Niwas Goel.
The three BJP MLAs opposed adverse remarks made by AAP MLAs against the Centre. Earlier, Chief Minister Arvind Kejriwal met Jung and discussed functioning of the Anti-Corruption Bureau.
In the meeting which lasted for around 20 minutes, Kejriwal apprised Jung of the high court ruling about the powers of the ACB and his views on the issue, sources said.
This is the first meeting between two since the confrontation began. In his address at the assembly, Sisodia said government has brought the resolution before the House as attempts are being made to ‘curb rights’ of a democratically-elected government.
"We are not here to sit and spend government money and later say certain things are not in our jurisdiction. If the rights conferred to the Delhi assembly by the Constitution of
India are taken away then it becomes incumbent upon us to strongly protest across party lines," Sisodia said.
He said, "Delhi was plagued by corruption. People have given us a massive mandate to run the government. This government has taken corruption head on and achieved unprecedented success. The Centre is trying to thwart the Delhi government's attempts. The ACB has done unprecedented work in the last 100 days despite several odds."
The deputy chief minister said the AAP government will not keep mum if its rights were taken away by the Centre. "I want the assembly to debate the notification that is most unconstitutional and decide whether it will remain quiet. This assembly has not been made by the 70 persons sitting here. It is made of lakhs of voters of Delhi.”
"We are not here to sit and spend government money and later say certain things are not in our jurisdiction. If the rights conferred to the Delhi assembly by the Constitution of
India are taken away then it becomes incumbent upon us to strongly protest across party lines," he said.
After the notification was issued last week, Kejriwal had launched a frontal attack on the Centre, accusing it of ‘back-stabbing’ the people of the city by ‘siding’ with the Lt Governor to run Delhi through ‘backdoor’ and protect the corrupt.
"Fearing the success of ACB, Central government has issued the notification...If someone commits murder, will police ask the accused whether you are employees of Central or Delhi government. All probe agencies and police stations do not work according to personal wishes," Sisodia asked.
The appointment of senior bureaucrat Shakuntala Gamlin as acting chief secretary by the LG last week had triggered a full-blown war between the ruling AAP and Jung, with Kejriwal questioning the LG's authority and accusing him of trying to take over the administration.
Both sides had exchanged a number of letters questioning each other's authority in transfer and posting of officials as well as on certain other issues.
The Delhi high court on Monday had termed as ‘suspect’ the Centre's recent notification barring the ACB from acting against its officers in criminal offences and held that the LG cannot act in his discretion.
