L-G doesn't have independent decision-making powers: Saurabh Bharadwaj (IANS Interview)

AVINASH PRABHAKAR

New Delhi, Jan 15 (IANS) Amid the ongoing tussle between the Arvind Kejriwal-led AAP government and Delhi Lt. Governor V.K. Saxena, the party on Sunday accused the L-G of subverting the Constitution and the law of the land while bypassing the elected government of Delhi.

In an interview with IANS, senior Aam Aadmi Party (AAP) leader Saurabh Bharadwaj said that the L-G is not accepting the verdict of the Constitution Bench.

He said that when Delhi CM Kejriwal apprised the L-G of how he was "violating" orders, the L-G termed the Supreme Court's orders to be an opinion.

IANS: The tussle between Delhi Lt. Governor V.K. Saxena and AAP-led government is being escalated on a daily basis on almost every issue that is causing much trouble for the people.

Bharadwaj: Last Friday, Chief Minister Arvind Kejriwal presented L-G Saxena copies of all relevant laws, court orders, Transaction of Business Rules (TBR), to apprise him of how he was breaking the law. In July 2018, the Supreme Court's Constitution Bench had ruled that the L-G has jurisdiction only over the reserved subjects of public order, police and land. The L-G has not been entrusted with any independent decision making powers, he is bound by the aid and advice of the Cabinet and elected government.

Only the elected CM and his government can give their opinion to the L-G, he does not even have the right to refuse the aid and advice of the elected government. In extreme cases, he can refer the subjects to the President.

IANS: Post Municipal Corporation of Delhi (MCD) election, the tussle has widened on every subject...

Bharadwaj: L-G Saxena is not accepting the verdict of the Constitution Bench. How can a man who does not believe in the Constitution be allowed to hold a Constitutional office? When the CM apprised the L-G of how he was violating orders of the Constitution Bench, the L-G termed the Supreme Court's orders to be an opinion. L-G's ignorance of the law is no excuse... the decision of the Supreme Court is an order, not an opinion.

IANS: The rules say that 'the Lt. Governor is Administrator of Delhi'.

Bharadwaj: The L-G was the administrator of Delhi in 2018 too when the apex court gave the decision that the words, whether Lt. Governor or Administrator is written anywhere in the act means the L-G has to hear aid and advice of the cabinet. The elected government will take decisions on these transferred subjects and L-G has no right to take any decision. If he does not like that decision, he can refer to the President only. He has no right to interfere in the daily business of the elected government.

IANS: After the first meeting of newly elected councillors was adjourned without electing the mayor, the party has again sent the date for the election.

Bharadwaj: Delhi has chosen Aam Aadmi Party to run the civic body but again LG is interfering into the business to give the MCD into the hands of Bharatiya Janata Party. But we will not let them do any wrongdoings in the MCD.

IANS: Amid ongoing tussle, Delhi Legislative Assembly session is set to begin from Monday.

Bharadwaj: Yes, Delhi is going through a phase of Constitutional crisis. We are going to raise the issues of constitutional crisis and the interference of Lt. Governor in day-to-day affairs in the house.