Jung scraps AAP tweak of protocol

LG tells Kejri govt not to reroute file movement

The AAP government is now pitted against Lieutenant Governor Najeeb Jung, the constitutional head of the Union Territory, as Chief Minister Arvind Kejriwal’s direction to his officials not to send all the files to the Lt Governor’s secretariat has been struck down by Jung. 

Responding to a reported instruction by Kejriwal’s office to all department secretaries, the Lieutenant Governor’s secretariat on Sunday issued a statement that Jung has instructed that the directions issued to the officers be withdrawn. 

Jung has made it incumbent on all officers to follow the Constitution, GNCTD Act 1991 and the Transaction of Business Rules 1993, in letter and in spirit, said the statement. “This is a clarification from the Lt Governor’s secretariat in response to the news items regarding the chief minister’s instructions to officers to not route files through the Lt Governor’s office,” said the statement. The Delhi government earlier took a confrontationist approach towards the Raj Niwas by seeking decision making power over matters related to land and control over police. 

The Kejriwal government also passed a resolution in the Assembly to reverse a notification issued by Jung to limit the jurisdiction of the state government-controlled Anti-Corruption Branch to prosecute employees of the central government in Delhi. Undue interferenceThe BJP, meanwhile, slammed the Kejriwal government for not following the constitution and trying to change the scheme of things being followed in the Union Territory.  

“Kejriwal is unduly interfering to create a politically vicious atmosphere. His intention is creating a politically confronting atmosphere just to divert public attention from his failing promises to people and ruthless autocratic functioning within his party,” said BJP Leader in Delhi Assembly Vijender Gupta.

According to sources in the Delhi government, the administration was recently told by the chief minister’s office to avoid unnecessary delays of important projects and to fast-track the decision-making process.

The official circular issued by the Kejriwal government said: “…with a view to expedite the process of decision-making in affairs of the government of NCT of Delhi, it has been decided that files pertaining to all subjects transferred to Delhi Legislative Assembly under Article 239AA (3) (a) of the Constitution of India shall be decided at appropriate level up to the office of chief minister without bothering the lieutenant-governor”.

The  LG’s Secretariat has clarified and written to the Delhi government now to follow the established practices.

LG’s statement“The Lieutenant Governor has informed the Chief Minister, drawing his attention to the relevant provisions of the Constitution, the GNCTD Act 1991 and the Transaction of Business Rules 1993, which underscore the relationship between the Lieutenant Governor’s and the Chief Minister’s office, that the role of the Chief Minister and the Council of Ministers is to aid and advise the Lieutenant Governor where the latter is entitled to act solely on his own discretion and all files relating to matters for which Legislative Assembly can make Law should come to the Lieutenant Governor for final approval,” the statement said. “The Lieutenant Governor has instructed that the directions issued to the officers be withdrawn. He has made it incumbent on all officers to follow the Constitution, GNCTD Act 1991 and the Transaction of Business Rules 1993, in letter and in spirit,” it said. Expert opinionA former standing counsel of Delhi government said the Kejriwal government should realise that Lieutenant Governor is supposed to be considered as the Delhi government’s head in all legal and constitutional matters in court. “If in any court hearing, the Delhi government has to take a stand it is to be taken by the Lieutenant Governor. For all practical purposes, the Delhi government means the Lieutenant Governor in legal matters,” she said, adding that vetting of files by Jung was fully within his rights.