Following the cancellation of Swati Maliwal's appointment as the chief of Delhi Commission for Women (DCW) by the office of the Lt. Governor of Delhi, lawyer and ousted AAP leader Prashant Bhushan said on Wednesday that constitutionally, Lt. Governor Najeeb Jung's consent is necessary in the matter.
The 58-year-old lawyer told ANI "Delhi is still a union territory. It has been given limited statehood by the Constitution under Article 239 AA sub-section 4, which says that the work of the Delhi Government will be carried on under the signature of LG, who will act on the advice of the council of ministers of Delhi."
He added "But, if there is any difference of opinion between him (LG) and the council of ministers, he can then put the decision of the council of ministers on hold and refer the matter to the President. Thereafter, he can act on whatever advice the President gives."
"On the appointment of Swati Maliwal, the file has to eventually go to the LG for the final orders to be passed. If he disagrees with the decision, he can put it on hold and can refer it to the President."
Delhi Chief Minister Arvind Kejriwal had appointed Maliwal, who is the wife of AAP leader Naveen Jaihind, as the DCW chief, for which he drew sharp criticism from the Congress and Bharatiya Janata Party (BJP).
Jung has since cancelled Maliwal's appointment.
