Delhi one-day special session: Delhi Lieutenant Governor V K Saxena flagged grave "procedural lapses" in convening a one-day special session of the Delhi Assembly amid Chief Minister Arvind Kejriwal's questioning by the CBI in the alleged liquor scam case. According to the Delhi LG, the special session was called without following the rules. The one-day special session has been called for Monday at 11 am.
According to a statement released by the L-G office, the Speaker of the Delhi Legislative Assembly has proposed to call the second part of the 4th session of the 7th Assembly, whereas the Delhi Cabinet has recommended for convening the one-day session of the Delhi Legislative Assembly. “As per Rules and Act, the Assembly House, which was adjourned sine die on March 29, 2023, has to be first prorogued before a fresh session can be convened. As a session remains unprorogued, a new session cannot be convened,” read the statement. "Even as a session remains unprorogued, a new session cannot be convened," the statement further said.
Delhi Assembly not working in tandem as per extant law
The L-G office further said, “Delhi Cabinet and Delhi Legislative Assembly are not working in tandem as per the extant law, which has been brought to the notice of the Chief Minister by the LG.” “I fail to understand as to under what circumstances and under which provision of the GNCTD Act, 1991 the Second Part of the Fourth Session (Budget Session) of the Seventh Legislative Assembly has been convened instead of moving a proposal for Prorogation of the Budget Session and convening of the "One Day Session as per the Cabinet Decision.” the LG said in his note.
This convening of the Second Part of the Fourth Session (Budget Session) of the Seventh Legislative Assembly is not in accordance with the Cabinet Decision dated and hence inconsistent with the statutory provisions envisaged under section 6 of the Government of NCT of Delhi Act, 1991, he said. “Therefore, the proposed Second Part of Fourth session on April 17 being summoned without following the due procedure, should not be convened," Saxena suggested. The LG, in his note, "advised" the government to direct the concerned department to submit an appropriate proposal to prorogue the Fourth Session (Budget Session) of the Seventh Legislative Assembly with immediate effect, and for summoning "One-Day Session" in accordance with provisions of Section 6 of the GNCTD Act, 1991.
Session called without any specified legislative business
The LG also highlighted that there was no indication of any proposed legislative business to be transacted by the Assembly on April 17. “This also needs to be reflected in the Cabinet Decision as per Rule 15 (1) of the Rules of Procedure and Conduct of Business of Legislative Assembly of NCT of Delhi Rules, 1997 to allow the members of the House to come prepared for fruitful deliberations," read his note.
AAP reacts after L-G flags 'procedural lapse'
Reacting to the LG’s note, senior AAP leader and Cabinet minister in the Kejriwal government Saurabh Bhardwaj said, “Let me enlighten LG saab - Under Rule 17 of the Rules of Procedure and Conduct of Business in Delhi Assembly, Hon'ble Speaker has the power to call a sitting of the House "at any time after the House has been adjourned sine-die".”
“However as per prevailing parliamentary practice, the Speaker convenes only on the recommendation of the Cabinet. The House has not been prorogued and prorogation can be done only on the recommendation of the Cabinet. “As there was no recommendation of the Cabinet for prorogation, the Hon’ble Speaker rightly summoned the House under Rule 17(2). Copy of summons issued to the Honble Members is attached,” he said in a series of tweets.
Delhi Assembly to discuss misuse agencies
Raj Kumar, Secretary, Delhi Assembly said that the Delhi Assembly to discuss the "unprecedented situation in Delhi where Central Government is misusing the agencies like CBI and ED to destabilise the Government of Delhi by arresting the Chief Minister on frivolous grounds" tomorrow.
(With agencies input)
