In a new round of clashes between the governing Aam Admi Party and the Delhi Governor, the Kejriwal-led government accused the latter of breaching the Constitution and Supreme Court directions by illegally issuing the Electricity subsidy order, according to a statement.
According to a recent AAP statement, the LG should cease acting like a BJP political nominee and allow the elected administration to perform 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 sources, Delhi LG V K Saxena has instructed Chief Secretary Naresh Kumar to direct the electricity department to present the DERC advice on power subsidy restrictions to the council of ministers and make a decision within 15 days.
Early this month, the Arvind Kejriwal-led AAP administration directed state government officials to stop following direct commands from Delhi Lieutenant Governor (LG) Vinai Kumar Saxena, according to a statement.
In a statement, then-Deputy Chief Minister Manish Sisodia 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 rules 49, 50, 51, and 52 of the Transaction of Business Rules (TBR),” the statement further read.