Drawing a new red line on the allocation of powers within the Delhi government, the city’s Law Secretary has opined that it is “clear as the cloudless sky” that the elected government cannot implement decisions without taking the Lt-Governor’s opinion, violating which would amount to “consciously creating roadblocks and hurdles” for him.
Law Secretary Sanjay Kumar Aggarwal has rendered his opinion, which goes against his immediate predecessor Sanjay Garg’s views, to Lt-Governor Anil Baijal, Law Minister Kailash Gahlot and Chief Secretary Vijay Kumar Dev.तीन तलाक और आर्टिकल 370 के बाद क्या भाजपा का अगला निशाना होगा आरक्षण
The Indian Express has learnt that Aggarwal, in a 24-page note, has categorically conveyed that the Supreme Court Constitution bench judgment of July 2018 — which had held that the L-G’s concurrence is not required on issues other than police, public order, and land — does not mean that the elected government can inform the L-G of decisions only after implementing them.
“Therefore, this is clear as cloudless sky that information to the L-G can’t be taken to mean that he is simply required to be informed about the decision of the council of ministers or that the notification can be issued without his views under Article 239-AA of the Constitution. As per last two lines of para 277(XXI) of the majority judgment 2018, the file is required to be put up before him so as to enable him to exercise powers under Article 239-AA(4) and the proviso thereof,” Aggarwal has stated.