New Delhi: Chief Minister of Delhi Arvind Kejriwal had received the backing of legal experts in the war with Lt. Governor of Delhi Najeeb Jung.
Senior advocate Indira Jaisingh has told the Delhi government that the executive is constitutionally empowered to choose its own officers.
Indira Jaisingh said, “Who will be the chief secretary or any other secretary of the government is a matter in which the governor has to yield to the will of the political executive which has been democratically elected. In the democratic scheme of Constitution, the political executive is constitutionally empowered to choose its own officers in accordance with the cadre.”
She also said, “These are not matters by any set of imaginations which will fall under the individual discretionary powers of the Lt Governor, even otherwise relying on the provision to the Article 239 AA4, the L-G cannot issue directions to appointed chief secretary.”
According to Supreme Court advocate and Constitutional expert Rajiv Dhawan, the right to receive information doesn’t give the L-G the right to interfere. The Delhi government has been seeking legal opinion over the appointment of Delhi Chief Secretary Shakuntala Gamlin.
Kejriwal is scheduled to meet President Pranab Mukherjee at 6 PM on Tuesday. The AAP government had on Monday night directed all its officials to apprise the CM or the minister incharge of any oral or written direction by the L-G’s office before following them.
The order said, “To ensure smooth functioning of day-to-day affairs of our government in accordance with the Constitution of India, the Government of NCT of Delhi Act and Transaction of Business of the Delhi Government it is hereby ordered that any direction or order, whether oral or written, received from Honorable L-G or his office to the Chief Secretary or any administrative Secretary, shall first be submitted by the concerned administrative Secretary/Chief Secretary on the file to the Minister in-charge and the Chief Minister for a decision.”
“As you are aware the Chief Secretary and the Secretary of the department are severally responsible for the careful observance of the TBR under rule 57. Chief Secretary, Principal Secretary and heads of department are directed to strictly adhere to this order,” the order further said.
Bureau Report
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