LG vs Delhi Government: In Delhi, there is a war once again between the government and the Lieutenant Governor over the rights. Delhi’s Kejriwal government has objected to the interference of the Lieutenant Governor in the functioning of the government, regarding which Delhi Deputy Chief Minister Manish Sisodia has written a letter to the Lieutenant Governor Anil Baijal. In the letter, Manish Sisodia has alleged that the Lieutenant Governor is interfering in the work of the elected government.
In the letter, Manish Sisodia has written that the Lieutenant Governor, without informing the ministers about the works falling under the purview of the elected government of Delhi, is calling the concerned officers in his meeting and giving them directions and later the officers of the Lieutenant Governor’s office. There is constant pressure on government officials to implement those decisions. Here it is not about personal relationships and respect. Democracy is protected, Constitution is protected. We and you are there tomorrow or not. We and you may or may not be sitting on these posts tomorrow, but democracy should always be there. It is necessary to save this democracy. That is why I am writing you this letter.
Referring to the rights given in the Constitution, Sisodia has further written that nowhere in the Constitution has the Lieutenant Governor of Delhi been given the right to convene a direct meeting of the officers of the departments concerned on the subjects coming under the elected government of Delhi. , take decisions and issue guidelines to them. The Constitution has empowered the Lieutenant Governor of Delhi to decide on only three subjects, Police, Land and Public Order. Being the capital of the country, the Constitution has given veto power to the Lieutenant Governor of Delhi that if you do not agree with any decision of the elected government of Delhi, you can express your different opinion, but clarifying this right of the Lieutenant Governor, the Supreme Court The Constitution Bench of five senior judges of the Court, in its judgment dated July 4, 2018 with great emphasis, has said that this power has been given to the Lieutenant Governor to exercise this power in very selective situations, sometimes in very exceptional circumstances.
The Constitution Bench of five senior judges of the Supreme Court has clearly stated in its order that the Lieutenant Governor of Delhi does not have any power to take independent decisions, in the Constitution, the Lieutenant Governor has only two powers, either he can serve the elected government. Will agree with the decision and act according to it and if disagree, then send his dissent to the President. The Supreme Court has also said in its order that the Lieutenant Governor has been given the power to refer any matter to the President for decision by disagreeing in this way only in very exceptional circumstances.
In the letter, Manish Sisodia has also mentioned about the Center and BJP. Manish Sisodia has written that I am well aware of the fact that the appointment of AAP for the post of Lieutenant Governor has been done by the government led by the Bharatiya Janata Party. Obviously, the people of the Bharatiya Janata Party, their leaders, their workers must be pressurizing you to work against the elected government of Delhi. Know the politics that the workers and leaders of the Bharatiya Janata Party have to do, but I want to remind you that you are not only a worker of the Bharatiya Janata Party, you are the Lieutenant Governor of Delhi at this time. Being in the post of Lieutenant Governor, today you have an opportunity. If you want, you can use this opportunity in such works so that the coming generations get a weak and weak democracy and if you want, you can use this opportunity to use your position to further strengthen the democracy.
At the end of the letter, Sisodia has said that I would like to request you to stop the decision-making activities in the subjects under the elected government of Delhi, also stop calling and giving instructions to the officers on these subjects. . This meeting of yours and the decisions taken in it is not only unconstitutional but also a violation of the order of the Supreme Court. By bypassing the elected government, you are calling a meeting of officials and taking decisions in it is murder of democracy. Whatever may be the political pressure on you, but while holding the post of Lieutenant Governor of Delhi, do what is necessary to further strengthen democracy.
Heavy rain forecast in Delhi tomorrow, cloud will rain in many areas of the country in the next six-seven days