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In letter war with Najeeb Jung, govt finds Chidambaram-Sheila note helpful

The letter cites then Attorney General Goolam E Vahanvati’s opinion on powers in the national capital, which states that the L-G is bound to act on the aid and advice of the Delhi council of ministers.

Written by Apurva | New Delhi | Updated: July 26, 2015 2:11 pm
najeeb jung, najeeb jung letter, sheila dikshit, sheila dikshit PC, swati maliwal, swati maliwal appointment, DCW, Delhi latest news Delhi LG Najeeb Jung with Delhi CM Arvind Kejriwal.

With Lieutenant Governor Najeeb Jung underscoring the supremacy of his office in matters of governance, the Delhi government has armed itself with a letter from former home minister P Chidambaram. The letter cites then Attorney General Goolam E Vahanvati’s opinion on powers in the national capital, which states that the L-G is bound to act on the aid and advice of the Delhi council of ministers.

In a letter to the Delhi government on Tuesday, Jung had cited a Ministry of Home Affairs (MHA) letter dated July 25, 2002. This letter reads, “…In respect of the National Capital Territory of Delhi (NCTD) the “Government” means “the Lieutenant Governor of the NCT appointed by the President under Article 239…of the Constitution”.

Jung had used this letter to underscore the superiority of his office to reverse the Delhi government’s appointment of Swati Maliwal as the chairperson of the Delhi Commission for Women (DCW).

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Sources in the Delhi government said that Chidambaram’s letter to the government in 2011 superseded the earlier letter. However, Chidambaram’s letter dated January 31, 2011, refers to a another context – the Delhi government’s right to fix circle rates. Then, former chief minister Sheila Dikshit and then L-G Tejendra Khanna had disagreed over jurisdiction. Chidambaram’s letter weighed heavily on Dikshit’s side.

The 2011 letter reads, “…the reference to the word “Government” in the Indian Stamp Act, 1899…read with the provisions of Entry 63 of List II of the Seventh Schedule to the Constitution means “Government of NCT of Delhi”…The Lt Governor is bound to act on the aid and advice of the GNCTD (council of ministers) in this regard.” Chidambaram refers to Vahanvati’s opinion of the same.

A senior government official said, “This letter clearly shows that the Lt Governor must act on the aid and advice of the council of ministers and that “government” means “Government of NCTD”. Though it was in a different context, the spirit of the letter remains the same. What the present Lt Governor is using is an older letter and not an order.”

Sources in the government said that they could challenge the 2002 letter Jung cites in court too. “In a scenario where the Centre cannot be trusted to be impartial, the courts are our only option. We are getting legal advice on the issue,” an official said.

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  1. M
    Medavi
    Jul 25, 2015 at 7:04 am
    problem with Arvind is: HE IS FIGHTING WITH EVERYTHONE ON EARTH, NOT FRIENDLY. WHEREAS HE HAS TO BE LIKE CM, CONTROLLING THE POLICE FORCE, HE IS FIGHTIING WITH THEM TOO. HE IS SUPPORTING BAD PEOPLE AND FINDING FAULT WITH GOOD LEADER MODI.
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    1. A A.
      Jul 25, 2015 at 7:09 am
      Is Chidambaram a judge and is that letter a court order?
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      1. H
        Harish Kiran
        Jul 25, 2015 at 12:41 pm
        It is so simple for LG, get a new letter from present Home minister Rajnath Singh and say this one is latest and it says LG should take the decisions and Ministers of Delhi can't byp him.
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        1. M
          Malti
          Jul 25, 2015 at 7:42 am
          Kejriwal my advise is for what it is worth -- news like this is better when you are having meetings with people for development of Delhi --Forget about Chidambaram etc all self centered to make maximum money for themselves- you have a lot to learn and your history tells us that - patience and not devious ways to get your way that is wrong - do not think you can fool people and keep saying that Modi is behind this and that you are making a fool of yourselves-We do not need you to keep spending our money for TV statements - that is WASTE of money which we need for Delhi even if we can make it to the standard of any other Capitol of another country - it is in a disgraceful state left by those Congress corrupt politicians so you have a chance - please take help from British Govt and ask them to help us get out of this mess otherwise you will be going in circles the skill of making it like London or Singapore is what WE are looking for - Shanghai we can talk about but to reach to that level you need all the money and foreign help - money can be collected by making car parking chargeable everywhere in Delhi and car road tax of Rs 5000- yearly so people do not keep ten cars parked every where - Fine very one for throwing rubbish -etc in Europe if your car brake light does not work you have to pay a fine !!!! wake up and work which I am sure you are doing but instead of demanding do good work so PUBLIC will back you to have Police etc under you but do not tell fibs not required !!!! good luck to you
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          1. L
            Lovely
            Jul 25, 2015 at 2:33 pm
            It is simply a note . Based on this AK Tuqalac can not do anything, the Delhi Govt Rules are very clear and sometimes confusing also, only a matured person can understand, nursery kid like AK may not understand.
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