Executive powers lie with us: Delhi CM to LG
Thursday - July 5, 2018 7:08 pm ,
Category : INDIA
Executive powers lie with us: Delhi CM to LG
New Delhi July 5 (IANS) Delhi Chief Minister Arvind Kejriwal on Thursday said that after the Supreme Court s judgment the executive powers related to "services" lie with the elected government and not with the Lt Governor or Central government.
In a four-page letter written to LG Anil Baijal the Chief Minister also said that if the LG acts on files related to services it would be contempt of court.
"The Central government or the LG have executive powers only on three subjects. On all other subjects executive powers lie with the Council of Ministers. Therefore executive power related to services lie with the council members " the letter said.
Kejriwal said the Supreme Court on Wednesday unanimously ruled that Delhi s Lt Governor was constitutionally bound by the "aid and advice" of the elected government in all areas except land police and public order.
Kejriwal wrote the letter after Chief Secretary (Services) rejected the order of Deputy Chief Minister Manish Sisodia to comply with the Supreme Court ruling on who has the authority to transfer or post officers in Delhi.
The Chief Secretary cited a 2015 notification of the Ministry of Home Affairs as the reason for rejection saying it has not been specifically quashed.
Calling this "contempt of court" Kejriwal said: "The said notification becomes infructuous in the light of clear orders of the Supreme Court. The judgment of court has been effective the moment it was pronounced."
"If the files related to services are placed before the LG and he acts on them it would clearly amount to contempt of Supreme Court in the light of its judgment."
Seeking support from the LG for the development of Delhi Kejriwal said that he plans to "issue orders to all functionaries" on Friday and in case of any contrary views "the Cabinet ministers are ready to come over for a discussion".
--IANS sd-bns/sar/him/vm
In a four-page letter written to LG Anil Baijal the Chief Minister also said that if the LG acts on files related to services it would be contempt of court.
"The Central government or the LG have executive powers only on three subjects. On all other subjects executive powers lie with the Council of Ministers. Therefore executive power related to services lie with the council members " the letter said.
Kejriwal said the Supreme Court on Wednesday unanimously ruled that Delhi s Lt Governor was constitutionally bound by the "aid and advice" of the elected government in all areas except land police and public order.
Kejriwal wrote the letter after Chief Secretary (Services) rejected the order of Deputy Chief Minister Manish Sisodia to comply with the Supreme Court ruling on who has the authority to transfer or post officers in Delhi.
The Chief Secretary cited a 2015 notification of the Ministry of Home Affairs as the reason for rejection saying it has not been specifically quashed.
Calling this "contempt of court" Kejriwal said: "The said notification becomes infructuous in the light of clear orders of the Supreme Court. The judgment of court has been effective the moment it was pronounced."
"If the files related to services are placed before the LG and he acts on them it would clearly amount to contempt of Supreme Court in the light of its judgment."
Seeking support from the LG for the development of Delhi Kejriwal said that he plans to "issue orders to all functionaries" on Friday and in case of any contrary views "the Cabinet ministers are ready to come over for a discussion".
--IANS sd-bns/sar/him/vm
