Delhi LG cannot enjoy the best of both worlds

The Tribune, July 2, 2016

Apropos “A legislative Assembly cannot summon the Governor” (June 30), during the final hearing of petitions dealing with separation of powers between the Delhi Government and the Centre, and the interpretation of Article 239AA regarding the powers of the LG, the Additional Solicitor General argued that Delhi remained under Central Government control since it was a UT and that the office of the LG has wider powers than those enjoyed by the Governor of a state since the LG is also an administrator. The Governor enjoys constitutional immunity, but not the LG. The Chief Minister and his council of ministers have to aid and advise the LG but he is not bound by it. If there is a difference of opinion, the issue must be referred to the President. The LG is not a mayor or a titular head. The LG cannot enjoy the best of both worlds. He is either like a Governor of a state (generally bound by advice of council of ministers) and thus enjoys immunity of appearing before the petition committee of the Delhi Legislative Assembly, or like any other executive authority, he is bound to honour the summons of the said committee.

RAJENDER GOYAL, Bahadurgarh     

The original write-up sent to THE TRIBUNE, read thus:

Delhi LG cannot enjoy the best of both

Apropos the article “A legislative Assembly cannot summon the governor” by Devender Singh (30 June),  as reported in the media, during final hearing of a batch of petitions dealing with separation of powers between Delhi Government and the Centre, and on the issue of interpretation of Article 239AA regarding the powers of the Lieutenant Governor (LG) on governance of Delhi, the Additional Solicitor General (ASJ) Sh. Sanjay Jain, appearing for the Centre  inter alia argued in Delhi High Court as follows:

1. That Delhi remains under Central Government control since it is a Union territory not a full fledged State.

2. That the office of the LG is unique and has wider powers than those enjoyed by the Governor of a State, since the LG is also an Administrator.

3. Governor enjoys constitutional immunity but not the LG.

4. The Chief Minister and his Council have to aid and advise the LG but he is not bound by it. If there is a difference of opinion, the issue has to be referred to the President. LG is not a mayor or a titular head. The CM of Delhi is not like that of other States because of Delhi being a Union Territory.

Without commenting on the merits of above contentions of learned ASJ, however, it becomes clear that LG cannot enjoy the best of both worlds. He is either like a Governor of a State (generally bound by aid and advise of Council of Ministers) and thus enjoys the immunity of appearing before Petition Committee of Delhi Legislative Assembly or like any other executive authority he is bound to honour the summons of said Committee.

RAJENDER GOYAL, Bahadurgarh