Sisodia also said secretaries of services and law did not consult him before writing to the Assembly (File)
The Centre’s decision to forbid the Delhi Assembly Speaker from admitting questions on reserved subjects, such as public order and services, Monday triggered a sharp reaction from the AAP government. Leading the charge, Deputy Chief Minister Manish Sisodia said that the Assembly should not be treated as a “subordinate” of the Home Ministry.
The issue came to the fore as the vigilance and services departments of the government declined to answer questions raised by MLAs, relating to vigilance cases and details of foreign trips undertaken by officers and ministers dating back around 15 years.
The Union Law Ministry, in its advice to the Lt-Governor’s office through the Home Ministry, wrote that “in view of provision contained in Article 293AA (3) and (4), read with Rule 29 of the Procedure and Conduct of Business of the Legislative Assembly of NCT of Delhi, legally the Speaker… cannot admit any question on any Reserved Subject”.
The Law Ministry, in its communication, made it clear that the Assembly has no power either to make law or take executive action on reserved subjects. The same was communicated by the Principal Secretary (Law) to the Assembly Secretary on March 19. On March 21, the deputy secretary (services) also wrote to the Assembly’s question cell, expressing its inability to send replies on services-related matters.
Speaker Ram Niwas Goel read out the contents of the letter during the House proceedings Monday. He said that not answering questions of public importance would be considered “contempt of Assembly”, adding that his decision was the final one regarding any resolution or question.
The issue of all questions that have gone unanswered during the ongoing session have been referred to the privileges committee by him. Incidentally, Leader of Opposition Vijender Gupta and BJP MLA O P Sharma appeared on the same page as the government on this matter.
The contentious questions include one on the status of vigilance enquiries, details of foreign trips undertaken by Delhi government ministers over the last few years and of those undertaken by officers of Delhi government, municipal corporations and autonomous bodies during the past 15 years.
Sisodia said he was not even consulted before secretaries of the services and law, both of whom are under him, wrote to the Assembly. “The replies do not have my signatures. We need to probe as to how they reached the Assembly without my approval in the first place. Delhi Assembly is not a subordinate body of the Union Home Ministry. They are trying to suppress facts, as answering the questions would expose them,” he said.
Gupta said the matter of foreign trips does not fall under the jurisdiction of services, and the Assembly has every right to seek details on the issue.
In his ruling over the issue, Goel said the Secretariat has received copies of letters from some departments such as services, vigilance, land and building, refusing to attend briefing meetings with the ministers concerned.
“I fail to understand the reason for these childish attempts to challenge the privilege of this Assembly. Such questions have been answered before. Trying to evade questions on vigilance matters under the garb of services smacks of intent to protect the corrupt,” Goel said.