CM House renovation row: Atishi calls L-G directive to initiate probe “unconstitutional”

“Your letter… by directing that certain records be seized and taken into protective custody and further directing the submission of a report on the same to your office, grossly oversteps the limited jurisdiction conferred on the Lieutenant-Governor’s office by the constitutional scheme. (It) does not exercise the power to seek information at all. Rather, it issues executive orders, a power not conferred on the Lieutenant-Governor’s office under the constitutional scheme at all, except when exercised on the aid and advice of the Council of Ministers,” Atishi wrote.

In Delhi, which is a Union Territory with an elected legislature with special powers, matters such as law and order, policing, land and services come under the L-G. As per rules, for other matters, the L-G must work under the aid and advice of the elected government. This was laid down in the Supreme Court judgment of 2018. Since then, however, the GNCTD Act has been amended, which has made it mandatory for all files to be routed through the office of the L-G.

Atishi said that the L-G still has no executive powers. She said the L-G is empowered to seek information about decisions taken by the Council of Ministers and has no power whatsoever to direct executive action.

Work to rebuild the residence of CM Arvind Kejriwal, on Flagstaff Road, Civil Lines, started in 2020 and cost around Rs 45 crore. Controversy has broken out over the past week over the alleged high cost of the project, with the BJP writing to the L-G asking him to take note of the matter and take action.

AAP, meanwhile, has maintained that work was carried out in a transparent manner and the government accommodation was not just refurbished but completely rebuilt because the structure was in a poor shape.

In her letter Sunday, Atishi requested Saxena to withdraw the and “restore the scheme of governance intended by the Constitution for Delhi and its people”. She also expressed “hope that the elected government will not be forced to approach the court once again” in view of his actions”.

The L-G House did not comment on the letter.