"The exercise of powers by the government of Delhi cannot be overruled by the Lieutenant Governor as this would violate the Constitutional Scheme." said Subramanium.
Former solicitor general Gopal Subramanium on Wednesday backed the Aam Aadmi Party (AAP) government in its tussle with Lieutenant Governor Najeeb Jung's office over a series of bureaucratic appointments. Subramanium submitted his legal opinion to the Delhi government over powers of Delhi government and Lieutenant Governor in the appointment and transfer of secretaries. "The exercise of powers by the government of Delhi cannot be overruled by the Lieutenant Governor as this would violate the Constitutional Scheme. In particular, it would be ultra vires Articles 14 and 239AA and would also fall foul of the basic structure of the constitution as it undermines the basic features of democracy and the cabinet form of Government," said Subramanium.
"Given this position of law, it would be constitutionally unviable for the Lieutenant Governor to act de hors the aid and advice of the Council of Ministers on any such matter. Any such action would be clearly contrary to the provisions of Articles 14 and 239AA, as well as being ultra vires the provisions of the Government of National Territory Capital Territory Act, 1991 and the transaction of the Business of the Government Rules, 1993," he added.
The row between the Lieutenant Governor and the Chief Minister began after Jung appointed senior bureaucrat Shakuntala Gamlin as the acting Chief Secretary despite strong opposition from Kejriwal. The Kejriwal government had levelled serious allegations against Gamlin accusing her of being extremely close to power distribution companies in Delhi. Kejriwal also sent her a letter asking her not to take up the post as, according to him, her appointment was against rules.
Both Jung and Kejriwal took the matter to President Pranab Mukherjee on Tuesday.
Delhi Deputy Chief Minister Manish Sisodia has, meanwhile, called a meeting of all the Secretaries and Chief Secretaries today.
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