Lt. Governor Anil Baijal on Tuesday, in his letter to Chief Minister Arvind Kejriwal, requested to re-consider the Cabinet's decision for introduction of the Regularization of Services of Guest Teachers and Teachers engaged under the 'Sarv Shiksha Abhiyan' Bill, 2017' as the same is not in accordance with the Constitutional scheme of governance of Delhi.
According to the cabinet decision, the 'regularization bill' is to be introduced in the Legislative Assembly of Delhi.
There is a detailed procedure for initiating and processing legislative proposals and introducing Bills, including mandatory consultation with Law Department as to the competence of the Legislature of the Capital to enact the measures proposed.
LG Baijal noted that this issue is important as the subject matter of the Bill relates to 'Services', and as clarified by MHA, matter related to 'services' falls beyond the legislative competence of the Legislative Assembly of Delhi.
The executive power being co-extensive with the legislative power, it goes without saying that the Government of Delhi cannot claim any executive power in relation to matters with respect to "services".
Consequently, 'services' is a matter in respect of which the Lt. Governor is required to act in his discretion."
The Delhi Government however, will call a special session of Delhi assembly to introduce the bill.