The Delhi government has told the Supreme Court that the Lieutenant Governor, appointed by the Centre, has de facto created an unelected machinery of governance in the national capital that runs parallel to the elected government. It also accused the L-G’s office of derailing the governance here.
In an affidavit, the Delhi government said, “First, the L-G has de facto created an unelected machinery of governance in the NCT that runs parallel to the elected government of NCT Delhi; second, the L-G has consistently stalled and impeded the functioning of the elected government of NCT of Delhi, by exercise of powers of veto and non-concurrence that do not constitutionally vest in him”.
A Constitution bench has been hearing the matter related to control of services between the Centre and the Delhi government.
In the affidavit, Delhi deputy chief minister Manish Sisodia said effecting a parallel machinery of governance by taking unilateral executive action amounts to direct and unconstitutional usurpation of the power of the council of ministers.
“Regular interventions of the Lieutenant Governor have the effect of not just usurping the powers of the duly elected State Government so as to not only upset the scheme of federalism and representative democracy, but also harmed public interests in sectors ranging from public health, education, environmental protection, to name a few,” it said.
It further claimed that the unconstitutional and undemocratic encroachment of the powers of a duly elected government has made governance in Delhi challenging and unnecessarily difficult for the elected government, contrary to the intent and purpose of the Constitution (Sixty-Ninth Amendment) Act, 1991.
In a direct attack on L-G V K Saxena, the affidavit said governance in Delhi has become extremely difficult for the government ever since the new L-G took over in May this year.
"The Lieutenant-Governor has severely interfered in the administration of the NCT of Delhi without referring the matter to the President of India, either by unilaterally conducting executive business himself or by stalling the executive decisions taken by the elected government," it said.