 "Vinai Kumar Saxena")
The Delhi Assembly rules committee has unanimously concurred that the lieutenant governor's recent message to the speaker seeking changes in some rules was contrary to constitutional provisions and the Supreme Court's verdicts, a move that is likely to intensify the ongoing tussle between the AAP dispensation and LG V K Saxena.
Saxena, in his message to Speaker Ram Niwas Goel last month, had asked for changes in the rules for the conduct of business and procedure of the House under the Government of National Capital Territory of Delhi (Amendment) Act, 2021.
Chairing a special session of the Assembly on Friday, Deputy Speaker Rakhi Birla said the rules committee in its meeting on August 16 unanimously approved that the lieutenant governor's message was not in accordance with Article 239 AA(IV) of the Constitution and the Supreme Court decisions in the GNCTD vs Union of India and other matters.
The committee stated that both Article 239 AA(IV) and the SC verdict lay down that a message by the lieutenant governor can only be sent to the Assembly with the aid and advice of the Council of ministers.
The GNCTD (Amendment) Act-2021 accords primacy to Delhi's Lieutenant Governor (LG) over the elected government. According to the legislation, the "government" in Delhi means the "Lieutenant Governor".
The necessary amendments in the Delhi Assembly's Rules of Procedure and Conduct of Business were pending for more than a year after the GNCTD(Amendment) Act-2021 came into effect.
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The lieutenant governor, in his "message" to the Speaker, had cited sub-section (1) of Section 33 of the GNCTD Act that enabled the Assembly to make rules for regulating its procedure and the conduct of its business provided those rules did not empower it to consider the matters of the day-to-day administration of the capital or conduct enquiries in relation to the administrative decisions.
The speaker's office had responded to the message claiming that the amendments which the L-G wanted to be enforced would effectively put an end to the committees of the Assembly.
It had also said that the amendment to the GNCTD Act made by Parliament was challenged by the Delhi government.
The AAP government and LG Saxena have been at loggerheads over various issues.
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