Delhi Govt moves HC against Centre’s notification on LG’s powers

29/05/2015

NEW DELHI: The AAP government today moved the Delhi High Court challenging the Centre's recent notification giving the Lieutenant Governor absolute powers in appointing bureaucrats in the national capital.
The petition was mentioned before a bench of justices B D Ahmed and Sanjeev Sachdeva, saying, "The Delhi government has decided to move against the Ministry of Home Affair's (MHA's) May 21 notification."
"As per the notification, the LG would have jurisdiction over matters connected with services, public orders, police and land, and...Services of bureaucrats...Allowing him discretionary powers to seek the opinion of the CM," it said.
The petition was mentioned by Delhi government standing counsel Raman Duggal a day after the Centre moved the Supreme Court challenging an order of the Delhi HC which termed as "suspect" MHA's recent notification barring the city government's Anti-corruption Branch (ACB) from acting against its officers in criminal offences.
The HC had also held that the LG cannot act in his discretion.
Duggal also said that he has challenged all notifications issued by the Centre in the past. The bench has listed the matter for hearing tomorrow.
The Delhi government, led by the Chief Minister Arvind Kejriwal, has also challenged the appointment of Shakuntala Gamlin as acting chief secretary by the LG.
The Delhi government, in its petition, said that in a democratic set up there cannot be two reporting authorities -- the Lieutenant Governor and the Chief Minister.
"The Lt Governor, in law, cannot be placed in a higher position than the Governor of a State, who has to act on the aid and advice of the Council of Ministers," it said.
The plea also sought setting aside of the Centre's May 21 notification, saying it deprived the capital of executive power/authority to enforce criminal law within the city which is "clearly bad in law".
"It is wholly arbitrary, illegal, ultra vires of the Constitution of India and is a colourable exercise of power aimed at making it virtually impossible for democratically elected government to carry out its day-to-day administrative functions and responsibilities," it said.
The AAP government also sought quashing of July 23, 2014, notification, issued by the MHA at a time when Delhi did not have an elected government and was under direct rule of the Centre, restricting the executive power of the GNCTD acting through the ACB to investigate officers and employees of the city government only.
"The impugned notifications to the extent that they seek to restrict executive authority of GNCTD acting through ACB to investigate complaint only against employees of GNCTD are clearly ultra vires of the Constitution in as much as the Centre can't by executive fiat exercise executive power in respect of matters falling within competence of the Delhi Assembly," it said. The city government also submitted before the court that taking note of gravity of the situation in the capital, the Assembly passed a resolution yesterday directing Council of Ministers to continue allocating work to its officers and employees.
Meanwhile, the high court has posted the hearing on a separate PIL filed by a law student challenging the Centre's notification for tomorrow.
The court fixed the matter for hearing tomorrow after Additional Solicitor General (ASG) Sanjay Jain informed it that a similar petition has been filed by the Delhi government and the Centre has also moved the Supreme Court against the high court's observation related to its notification.

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