LG: Procedural lapses in AAP calling House session
The Delhi government hit back, saying the speaker of the assembly has the power to call a sitting of the assembly at any time after the House has been adjourned sine die
Lieutenant governor VK Saxena wrote to chief minister Arvind Kejriwal on Sunday, flagging “grave procedural lapses” in the government’s decision to call a special assembly session on Monday, saying that convening the House would be “committing gross irregularity and illegality”.
The Delhi government hit back, saying the speaker of the assembly has the power to call a sitting of the assembly at any time after the House has been adjourned sine die.
The Budget session of the assembly was adjourned sine die on March 29 and Saxena’s contention was that it first needs to be prorogued – or considered concluded – before a special session can be called, which should also list out the legislative agenda.
The AAP had called Monday’s special assembly session on Saturday. While it was not clear then on what matter the sitting was being called, the assembly secretariat on Sunday circulated a list of business according to which a short discussion will be held under Rule 55 on 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”.
Saxena, in his communication to Kejriwal, said the “proposed second part of the fourth session on April 17, 2023 being summoned without following the due procedure, should not be convened”. He advised the government to adopt the summoning of the House in compliance with the extant rules.
The objections, to be sure, will not have any bearing on AAP’s plans to hold the sitting.
Writing to Kejriwal, Saxena said that “it is very unfortunate to bring it on record that consequent to the cabinet decision, proposal to prorogue the Budget Session, already adjourned sine-die… or summoning of one-day session of the assembly as per the aforesaid Cabinet decision has not been received in my secretariat… Surprisingly, there is no indication of any legislative business proposed to be transacted…This also needs to be reflected in the Cabinet decision as per rule(s)… to allow the members of the House to come prepared for fruitful deliberations.”
He added: “I would advise you 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…”
LG house officials said the Budget session should have been first prorogued. “We can’t stop them from sitting but a correct process should have been followed,” an official said, requesting anonymity.
Hitting back, Kejriwal, at a press conference after his interrogation by the Central Bureau of Investigation in connection with alleged irregularities in the Delhi excise policy 2021-22, said the assembly session will definitely be held on Monday. “No regulation has been broken. The same process has been followed in the past. I want the LG to read a little bit of the Constitution, laws and rules, and keep some advisor who knows about the Constitution and laws,” Kejriwal said.
Delhi cabinet minister Saurabh Bharadwaj said that under Rule 17 of the Rules of Procedure and Conduct of Business in Delhi Assembly, the speaker has the power to call a sitting of the assembly at any time after the House has been adjourned sine-die.
Leader of opposition in the assembly Ramvir Singh Bidhuri on Sunday requested the LG to use his powers to stop the AAP government from “misusing” the House.
“The AAP government has called a special session of the assembly on Monday. Although it has been said that issues of public interest will be discussed, in reality it is not so. The AAP government wants to criticise the action of central investigative agencies in the liquor scam. The discussion on such a subject does not come under the jurisdiction of the legislative assembly. Anyway, it cannot be discussed now as the investigation is in progress,” he said.
SK Sharma, constitutional and parliamentary expert who was secretary to Lok Sabha and Delhi assembly, said the current government has been using the process of not proroguing House sessions and calling subsequent meetings as the continued part of the same session over the past several years.
“Delhi assembly is no longer proroguing sessions and the file is not sent to LG for summoning the next meeting. GNCTD Act says the LG will summon the assembly at a time and place that he thinks fit. This process of adjourning the House sine die and resuming it at any time has been going on from last several years but it was not objected. This is the first time that the LG has directed that this should be corrected. In my opinion, the assembly session just becomes a meeting of political party in absence of sanction from the LG,” he said.
Stay updated with all top Cities including, Bengaluru, Delhi, Mumbai and more across India. Stay informed on the latest happenings in World News along with Delhi Election 2025 and Delhi Election Result 2025 Live, New Delhi Election Result Live, Kalkaji Election Result Live at Hindustan Times.
Stay updated with all top Cities including, Bengaluru, Delhi, Mumbai and more across India. Stay informed on the latest happenings in World News along with Delhi Election 2025 and Delhi Election Result 2025 Live, New Delhi Election Result Live, Kalkaji Election Result Live at Hindustan Times.