Delhi assembly resolution against home ministry notification to be sent to the president
GN Bureau | May 28, 2015
With administration in Delhi coming to a virtual standstill, the centre has approached the supreme court against Delhi high court's verdict on home ministry's division of power notification. On Thursday morning lieutenant governor Najeeb Jung had a meeting with home secretary LC Goyal.
The home ministry on Wednesday had filed a special leave petition (SLP) in the apex court.
The high court had termed the notification, which barred the Anti-Corruption Bureau (ACB) of the Delhi government from taking actions against central government employees, ‘suspect’. The high court said that the Delhi government had legitimate rights to proceed and take action in complaints of corruption against such officials.
The high court had noted that Lieutenant Governor of Government of National Capital Territory of Delhi (GNCTD) is bound to act upon the aid and advice of the council of ministers who are directly elected by the citizens of Delhi. It had observed that mandate of the people "must" be respected by the LG of GNCTD if there was no other "constitutional or legal fetter".
Meanwhile, Delhi Assembly on Wednesday decided to send to the president, LG and MPs copies of the resolution which it passed today against the MHA notification giving absolute powers to the LG.
Delhi assembly accepted four amendments by three MLAs on a Private Member's Resolution moved by AAP MLA Somnath Bharti.
The resolution and called the central government notification "illegal" and "invalid". This house also recommended the government to bring legislation for creation of NCT Public Service.
"This House is of strong and unambiguous opinion that this notification is unconstitutional and invalid and expects the Government of NCT of Delhi to take all such necessary action, as it deems fit," reads the resolution.
Bharti, in his resolution, claimed that the notification is "violative" of the provisions of the Constitution of India. "Subjects which are beyond the legislative competence of the Legislative Assembly of Delhi, are explicitly mentioned in Article 239AA (3)(a), (b) and (c) and do not give any powers to the Central Government to add any entries to the list of reserved subjects through notification.