 "Will not let it happen: Delhi CM hits back as LG asks to withdraw subsidy")
In a fresh round of face-off between the ruling Aam Admi Party and the Delhi Governor, the Kejriwal-led government has accused the latter of once again violating the Constitution and Supreme Court directives by illegally issuing the order regarding the Power subsidy, a release said.
As per a recent statement of AAP, it has urged the LG that he should stop acting like a political nominee of the BJP and let the elected government do its job.
"The Constitution Bench of the Supreme Court has clearly ruled that the LG has not been entrusted with any decision-making powers on transferred subjects, which includes electricity," a statement from the AAP said.
"Yet he has subverted all legal principles by asking the Delhi Government to withdraw power subsidy. CM Arvind Kejriwal will not let that happen," it added.
According to reports, Delhi LG V K Saxena has asked Chief Secretary Naresh Kumar to direct the power department to place the DERC advisory on the restriction of power subsidy before the council of ministers and take a decision within 15 days.
Earlier in February, Arvind Kejriwal-led AAP government instructed state government officers to stop taking direct orders from the Lieutenant Governor (LG) of Delhi Vinai Kumar Saxena, a statement had said.
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In a statement, Manish Sisodia, who was then Deputy Chief Minister had said, "The government has warned that any such orders received directly from the LG are a violation of the Constitution and directives of the Supreme Court and that the implementation of orders in violation of SC directives and the Constitution will be viewed seriously."
The statement reads, "As per the orders of Supreme Court Constitution Bench dated 04.07.18, the Government of National Capital Territory of Delhi (GNCTD) has exclusive executive control over all subjects except for three: land, police, and public order. These three subjects are called "reserved" subjects. Those subjects over which GNCTD has executive control are called "transferred" subjects."
"In the case of transferred subjects, the proviso to Article 239AA(4) provides that the LG may differ with the decision of the Council of Ministers on any of the transferred subjects. However, this difference of opinion must be exercised through a process prescribed in rule 49, 50, 51, and 52 of the Transaction of Business Rules (TBR)," the statement further read.