New Delhi: Delhi’s Public Works Minister Atishi wrote a letter to the Lieutenant Governor on Tuesday. She has expressed serious concern over the letter written by LG to the Chief Secretary on April 27, 2023, and termed the confiscation of records related to the renovation of the CM’s residence as unconstitutional and undemocratic.
In his letter, LG directed the PWD to seize the records relating to the renovation work and produce them for review. The PWD minister has said that the LG has no power to direct such action. They cannot give direct orders to any officer by breaking the law.
Atishi has said in a letter to the LG that the Lt. Governor’s letter is unconstitutional and undemocratic. As the PWD minister, Atishi herself is responsible for all government work related to the Public Works Department. She said that this letter by the LG directing her to seize the records and take action is not only completely outside the jurisdiction of his office but also bypasses the powers of the concerned minister and council of ministers of the Delhi government, which is a democratic process. Responsible for functioning properly.
PWD Minister Atishi said in her letter that it is needless to say that the letter written by LG is politically motivated. The allegations made in the letter are completely baseless, devoid of merit, and have been written for political reasons. In the letter, the minister also cited the constitution regarding the governance of Delhi. This has been included in Article 239AA and explained by the Supreme Court in State (National Capital Territory of Delhi) v. Union of India & Ors., (2018) 8ACC 501.
The Supreme Court stated that the Lieutenant Governor of Delhi is bound by the Council of Ministers’ advice and has no independent decision-making power. While interpreting Article 239AA of the Constitution, the Supreme Court clarified that 284.27 The phrase ‘assistance and advice’ in Article 239-AA(4) should be interpreted to signify that the Lieutenant Governor of the National Capital Delhi is entitled to ‘aid and advice’ from the Council of Ministers. This position will be maintained until the Lieutenant Governor exercises his authority under clause (4) of Article 239-AA. The Lieutenant Governor has no autonomous decision-making authority. The LG must either act on the Council of Ministers’ “aid and advice” or act independently. The LG has to either act on the ‘aid and advice’ of the Council of Ministers or he can refer to the President and is bound to implement the decision taken by the President.
The PWD minister also indicated in the letter that, while the Lt Governor is authorised under Rule 19(5) of the Act to seek information about the Council of Ministers’ decisions, the ministry does not want to refuse such information. However, no authority exists to order LG to take any action. You have directed in your letter of April 27, 2023, to seize certain records, place them in projective custody, and make a report to your office, which is beyond the jurisdiction granted to the LG office by the Constitution.
