Double standards of Congress MLAs
On Sep 11, 2002, the Congress govt. lead by Shiela Dixit has passed a motion opposing the order of the BJP Govt. at the center requiring the Delhi Govt. to seek prior approval before tabling it in the assembly. The Cong. MLA's (including Mr. Arvinder Lovely) had called this order undemocratic. Today, Mr. Lovely is citing the same order and challenging AAP govt. ability to legislate bills. Excerpts from the motion passed in 2002 are below. Full details available on Delhi Assembly website.
The House condemns this decision of the Home Ministry taken without consulting the popularly elected Delhi Government. This House is of the view that these orders are in total violation of all democratic traditions and harmonious relations between the Centre and the States. This House resolves that there can be only one definition of the government for legislative and any other purpose and this is the ‘Government of the National Capital Territory of Delhi’. Moreover, amendment of rules 23 & 55(1) cannot take away what the Constitution (69th Amendment) Act and the Government of National Capital Territory of Delhi Act, 1992 have sought to give to the people of Delhi. This House therefore resolves that the above two unilateral orders aimed at curtailing the powers of a duly elected popular government should in the first instance be immediately withdrawn by the Central Government.
The Legislative Assembly takes note of the special provision made by the Constitution of India vide the 69thAmendment Act. Article 239 AA of the constitution gives Delhi the special status as the National Capital Territory of Delhi. This is reinforced as the reference to Delhi from Article 240 – “Power of President to make regulations for certain Union Territories” – has also been removed. It is an undisputed fact that the National Capital Territory of Delhi is a legal creation of the Constitution and enjoys a special status. This House resolves that this special status of the Government of NCT of Delhi has to be recognized, accepted and respected by the Central Government.
III. The Legislative Assembly takes cognizance of the fact that constitutionally the Lt. Governor of Delhi is entrusted with three and only three reserved powers i.e. powers with respect to Entries 1,2 and 18 of the State List and the directly related Entries 64-66 of the same List (Art. 239 AA [a]), Constitution of India). This spirit of the Constitution is reiterated in the Government of NCT of Delhi Act, 1992 and the Transaction of Business Rules, 1993 and as amended in 1998. Any exercise of powers beyond the aforesaid limited three subjects by any amendment to any rule is directly violative of the Constitution of India and hence ultra vires. This House resolves that in respect of transferred subjects the Lt. Governor should act only on the aid and advice of the Council of Ministers.
III. The Legislative Assembly takes note of the fact that as per Rule 45 of the Transaction of Business Rules the Lieutenant Governor shall in respect of maters connected with ‘Police’, ‘Public Order’ and ‘Land’ exercise his executive functions to the extent delegated to him by the President, in consultation with the Chief Minister, if it is so provided under any order issued by the President under Article 239 of the Constitution. This Constitution with the Chief Minister as envisaged in the Rules is mandatory. In the absence of this consultation the decision making process in respect of these subjects is devoid of the advice of the elected representatives. This House resolves that such mandatory consultation on reserved subjects should take place and the Lt. Governor and the Central Government should without fail give due consideration to the views of the elected Government in the spirit of democracy.”