Directorate of Information & Publicity 
DIRECTORATE OF INFORMATION AND PUBLICITY
GOVERNMENT OF NCT OF DELHI
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New Delhi: 14.10.2016
- Delhi Cabinet terms Shunglu committee unconstitutional; advices the hon’ble Lieutenant Governor to uphold the Constitution to prevent derailment of public welfare measures
The Delhi Cabinet, in its meeting on Friday morning chaired by the Chief Minister Mr Arvind Kejriwal adviced the Hon’ble Lieutenant Governor to dissolve the three-member Shunglu committee set-up to review over 400 files of the elected government.
The Cabinet noted that there is no provision in the Constitution, or in any statute or rule, whatsoever, which empowers setting up of an external committee to enquire into the ongoing projects of public welfare, question officers and threaten to recommend criminal and administrative action against them.
The Committee has created a dangerous climate of fear and uncertainty among the bureaucracy, thus threatening to derail the government functioning in its entirety, noted the Cabinet. Several officers have reported to their respective ministers that they were summoned by the committee informally and grilled for many hours for decisions taken by them in public interest over the last one and a half years. Such summoning of officers through oral instructions and then questioning them over the content of the files without duly recording and authenticating the officers’ version is against the well established norms of transparency and propriety.
If the committee continues its illegal functioning it, besides imperilling public welfare, has the potential of creating a serious constitutional crisis in the national capital, noted the Cabinet.
The Cabinet also noted that the Hon’ble LG is doing a wrongful interpretation of the High Court judgment dated 04.08.2016. Such misinterpretation of judicial rulings by constitutional functionaries is nothing but a travesty of justice, said Deputy Chief Minister Manish Sisodia. The jurisdiction of hon’ble LG is well defined under Article 239AA of Constitution of India, the GNCTD Act, 1991 and the rules framed under the act. The impounding of over 400 files by Hon’ble LG is against the transaction of business rules and GNCTD Act. Cabinet has requested the LG to return the files immediately before unmitigated loss is caused to several ongoing measures of socio-economic welfare.
Cabinet also brought to the notice of hon’ble LG that the Delhi High Court’s judgment dated 04.08.2016 which is being invoked by him to take such precipitious actions, has not become final and is presently under challenge before the Supreme Court of India. Notices have already been issued by the apex court and the matter is to be finally heard on 15.11.2016. It’d have been prudent for Hon’ble LG to await the final decision of the apex court before taking such unilateral actions bypassing the elected government, said Mr. Sisodia. He also pointed out the dangerous precedent being set by the office of hon’ble LG by unsettling the decisions taken by the government long after they had been implemented. The recourse to such enquiry committee is also in opposition to extant rules and constitutional conventions.
The Cabinet has advised the hon’ble LG that wherever he has a difference of opinion with any minister in respect of a decision taken by him, the council recognises his prerogative to call the minister for discussion with an endeavour to reslve such difference under Rule 49 of the Transaction of Business Rules.
The Council also recognises that in case hon’ble LG wishes to refer any matter for consideration of the Council, such recourse is available under Rule 49 of TBR and Section 45 of GNCTD Act, 1991. The Council has dutifully followed the administrative practices and constitutional conventions well established for the past 25 years. The government should be allowed to function pursuant to public mandate and in consonance with the Constitution and any attempt towards miscarriage of governance should be warded off by all concerned, including the hon’ble LG.
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