NEW DELHI:
The Delhi government voices its dismay over the total confusion in LG’s office regarding what is the LG’s role in the subjects transferred to the elected government of Delhi as per the Constitution of India. In the note sent just few days back by LG’s office to MHA, the LG’s office says it has no control over subjects transferred to the Delhi government. It specifically states “…that Finance and Water are transferred subjects, and the Lt. Governor has no role whatsoever in decisions taken thereof…”. But in the new note sent today to the MHA, the LG is saying the Ministers are not responding to his queries on transferred subjects. Can the Hon’ble LG please make up his mind?
It is indeed shameful to see the repeated attacks from the Lieutenant Governor’s office targeting the elected government of Delhi. Following the GNCTD Amendment Act 2023, concerns have escalated as the bureaucracy appears increasingly hell bent, unanswerable and unaccountable to the elected government. Despite the LG’s assertion that he has no control over transferred subjects, questions arise regarding the relevance of his seeking meetings to discuss the same. The elected government has repeatedly demanded prompt investigations into the actions of officers who are acting against the interest of Delhi’s citizens, but has only received frivolous excuses from the LG’s office. Highlighting the Chief Secretary and Health Secretary’s culpability in the medical supply shortage, the government calls upon the LG to take immediate action. Furthermore, urging the LG to carry out his constitutional duty, the government emphasizes the need for tangible action beyond social media commentary, advocating for prompt inquiries and decisive measures against officers disregarding ministerial directives.
It’s is shameful to see repeated attacks by the LG on the elected government. Multiple SC judgments make it clear that the LG is only a nominal figurehead except in areas of police, order and land where he exercises his powers in lieu of the power designated by the Constitution. On May 11th, 2023, the Supreme Court upheld the Delhi government’s powers to control civil servants and day-to-day administration of the NCT of Delhi. A 5-judge Bench, headed by the chief justice of India, held that the LG is bound by the aid and advice of the Council of Ministers for all matters where the Legislative Assembly has the power to make laws. They also ruled that the LG only needs to be consulted on decisions taken by the Council, but his concurrence isn’t required.
In a callous disregard to the wisdom of the Hon’ble Supreme Court, only days after its historic verdict that the elected government of Delhi will have powers over all services except those pertaining to police, public order and land; the Central Government promulgated an ordinance invoking the president’s special powers and then passed the GNCTD Amendment Act to overturn the Supreme Court’s rule. By this amendment, Centre-appointed bureaucrats gained the authority to override decisions made by the elected chief minister.
Despite Delhi’s incomplete statehood status, this Bill undermines the core principles of electoral democracy in the capital, thereby compromising the foundational tenets of the Indian Constitution, in addition to contravening a constitutional bench ruling of the Supreme Court.
Since the GNCTD Amendment Act has been passed, the bureaucracy has become hellbent, unanswerable, and unaccountable towards the elected representatives of 2 crores Delhiites. The officers blatantly disregard ministers’ orders and instructions to carry out any project in the interest of 2 crores citizens of Delhi. The officers say that they are not answerable to the minister, this is not the minister’s subject, etc. There are numerous instances where the health minister has written letters to the Secretary (Health), Chief Secretary, and even the LG, to ensure robust medical supplies in the interest of Delhi, but despite all this the bureaucracy didn’t even pay the heed. The GNCTD has to pass an order through the Delhi Legislative Assembly to ensure officers’ accountability regarding the imminent water crisis, despite all this we’re still forced to knock on the court’s doors.
LG has been saying that he has no control over transferred subjects, then why does he want to discuss transferred subjects? In fact, in a recent Supreme Court hearing on 01.04.2024 regarding payment to Delhi Jal Board, Mr. Mukul Rohtagi, who was representing LG said that water is a transferred subject where the LG has no role to play. So if the Hon’ble LG himself says that he has no role to play, why is he calling meetings on those very subjects?
It is imperative to note that the only assistance required from the LG’s office in matters except land, public order, and police, is the initiation of prompt investigations into officers whose actions are against the interest of the 2 crore citizens of Delhi. Regrettably, despite the urgency of this matter, the LG office had only been offering frivolous excuses.
The glaring dearth of essential medicines within the healthcare system is an issue that has been single handedly created by the Health Secretary and the Chief Secretary. Consequently, it is imperative that the LG takes the initiative to conduct a comprehensive inquiry into this matter, in the interest of 2 crore Delhiites.
The persistent difficulties faced by Delhiites, concerning water and sewage management is also a result of the lack of any disciplinary action by the LG on concerned officers. Despite numerous reminders to his office regarding the gravity of the situation, the LG has, unfortunately, neglected to take any action against these culpable officers who have kept the files of grave public interest for months at their offices.
Furthermore, it becomes apparent that the LG has intentionally appointed his handpicked officers to helm key departments in GNCTD, instructing them not only to block any new projects and policies, but also disrupt ongoing schemes.
We earnestly request the LG to carry out his constitutional duty, stop obstructing works of the elected government and avoid petty social media commentary on the concerns of the people of Delhi. Instead, we urge him to wield his authority decisively by initiating prompt investigations into the conduct of several officers who repeatedly and brazenly flout the directives of Ministers. It is imperative that the LG exercises the powers vested in him, particularly in light of the GNCTD Amendment Act, to enforce corrective measures against these errant officers. Only through such proactive and definitive steps can the integrity of governance be upheld and the trust of the public be reaffirmed.
