"No independent authority vested in LG to take decisions...": Kejriwal
Jan 13, 2023
New Delhi [India], January 13 : Delhi Chief Minister Arvind Kejriwal on Friday after meeting with Lieutenant Governor VK Saxena advised him to keep at least one good constitutional advisor who can advise him that the orders of the Supreme Court are binding.
Kejriwal alleged that Lieutenant Governor Saxena told him that he can ask for any file since he is the "administrator" and enjoys the supreme authority."
Citing the 2018 Supreme Court judgment on transferred subjects, Kejriwal said "various orders of the L-G are illegal".
Delhi Lieutenant-Governor Vinai Kumar Saxena and Chief Minister Arvind Kejriwal met on Friday, amidst a tussle between the two over the control of power in the city.
Addressing a press conference, Kejriwal said, "We observed that in the past months, LG has started interfering in the government bypassing the elected ministers. And this increased a lot in recent weeks. To discuss things for clarity, I met LG and my intention was that if there is some misunderstanding or differences in understanding our law and constitution, then it can be sorted out. I even took books on the Constitution, Supreme Court judgements, Motor Vehicles Act and School Education Act. We had a very long discussion."
"There are two kinds of subjects in Delhi - 'reserved subjects' that include police, land, and public order on which LG can only take decisions, and all the other things like electricity health and others come under the elected government, known as 'transferred subjects'," he added.
Quoting the Supreme Court Bench order, Kejriwal said that LG does not have the power to take independent decisions in matters of the transferred subject.
On July 4, the Constitution bench of the Supreme Court had passed a judgement that said the LG has not been entrusted with any independent decision-making power in terms of transferred subjects," he said.
"There is no independent authority vested in LG to take decisions. In some matters, he can act as a judicial authority," he added.
He further said that the LG's order to seal Dialogue and Development Commission Vice Chairman Jasmine Shah's office, nominations of 10 aldermen, recovery of Rs 164 crore and trying to stop the teachers of Delhi to Finland and stop the Yoga classes were illegal and unconstitutional.
"However, he said that he has been referred to as the 'Administrator' and enjoys supreme authority," Kejriwal said.
In response to this, Kejriwal claimed that Saxena said, "This might be SC's advise but I am the administrator and I can do anything."
"I asked what do you mean sir, LG said, if anything is going wrong in the government, I have the power to issue direct orders and take decisions as an administrator I have this power," Kejriwal added.
"It was shocking to see that despite showing Supreme Court and High court orders, LG was adamant that he is the administrator and he has the power to take decisions. . I showed him various court decisions but he said his power is supreme," said the Chief Minister.
Kejriwal further said he has requested several times to work together because the people of Delhi are suffering from these fights.
Kejriwal further alleged that several departments stopped payments to the Delhi government three months ahead of the MCD polls.
Kejriwal also urged Saxena to keep politics aside and said that he wants to work with LG.
"I would again request LG to keep at least one good constitutional advisor who can advise him that the orders of the Supreme Court are binding and not advise. If SC is saying he cannot take independent decisions then he can and he should respect the SC order and the Constitution," Kejriwal added.