13 April, 2021

Sacking Delhi

The Centre’s attempt to amend the Constitution is disgraceful

Jitender Gupta
Sacking Delhi

The heat and dust over the appointment of the chief secretary in Delhi raises two important—and related—issues. First, the nature of relationship between chief minister and the lieutenant-governor with regard to non-reserved subjects. The second, which is even more fundamental, is the manner and method of amendment of a constitutional provision by the Centre.

On May 15, Lieutenant-Governor Najeeb Jung appointed Shakuntala Gamlin as chief secretary of Delhi despite the CM expressing strong reservations. Jung issued an order dir­ecting the Principal Secretary Services, governm­ent of Delhi, to appoint Gamlin. The AAP government cla­imed that the lieutenant-governor cannot byp­ass the elected government, as doing so would be in con­travent­ion of Article 239AA of the constitution.

Article 239AA clause (3)(a) lays down that the legislative assembly of the government of NCT shall have powers to make laws in respect of matters enumerated in the state list or in the concurrent list except matters with respect to entries 1, 2 and 18 of...

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