In order to avoid “instability and uncertainty” in the national capital, the AAP government has made a fervent appeal to lieutenant-governor (L-G) Najeeb Jung to immediately return 24 files related to its home department. On August 8, the L-G had, through his secretary, directed all the secretaries to submit certain files to Raj Niwas.
Delhi home minister Satyendra Jain has said that in response to the memorandum sent by the L-G’s office, the principal secretary (home) had submitted a number of files to the Raj Niwas, which have been retained by his office for about two months. In a communication with the Raj Niwas, the minister said: “In the absence of these files, progress on important policies, programmes and schemes, which are being dealt with on these files, have been adversely affected.”
Mr Jain said that “through Cabinet notes, notifications, and decisions or government orders, as the case may be, contained in these files, were sent to Raj Niwas soon after they were issued and the L-G did not take a different view on these decisions, yet they were apparently being scrutinised afresh by Mr Jung, which was a matter of concern, as it was causing avoidable instability and uncertainty that needed to be addressed immediately.”
There are about 400-odd files which are being scrutinised by a three-member panel appointed by the L-G to review the decisions taken by the AAP government. The city administration’s decisions are being reviewed in the wake of the high court ruling which made it clear that the L-G was the administrative head of the city.
Mr Jain’s letter said: “It is mandatory under the constitutional scheme to communicate the decisions of the council of ministers to the L-G even in relation to the matters in respect of which, power to make laws, has been conferred on the legislative Assembly of NCT of Delhi under clause 3 (a) of Article 239 AA of the Constitution and an order thereon can be issued only where the L-G does not take a different view and no reference to the Central government is required in terms of the provision of clause (4) of Article 239 AA of the Constitution read with Chapter V of the Transaction of Business of the government of NCT of Delhi Rules, 1993.”
Mr Jain said that it had been observed at numerous places in the said judgment that where the L-G takes a different view on a decision taken by the Cabinet, he can make a reference to the President “in terms of the proviso to clause (4) of Article 239 AA of the Constitution read with Chapter V of the Transaction of Business Rules, 1993.”
The minister, however, said that he was not aware of any reference, so far, made by the L-G on any of the said files. “Nor does it stand to reason that a reference can now be made on a decision that was conveyed to the Hon’ble Lt Governor soon after it was taken, mostly several months ago.”