Since 1992, 7 matters where Delhi govt, L-G differed referred to President

As per the National Capital Territory of Delhi Act 1992, in cases of a difference of opinion between the elected government and L-G, matters can be referred to the President by the latter for direction.   In its 2018 judgment where it held that the L-G was bound by the aid and advice of the elected government in matters that come under it, the Supreme Court also said that every “trivial difference of opinion” between the L-G and the elected government cannot be referred to the President but should be of “substantive or National importance”.

The first time that this provision was used was two decades after the Act was passed. The then Sheila Dikshit government cabinet had cleared the grant of Bhumidhari (ownership) rights to original allottees or their next of kin/legal heirs, who are still in possession of the land allotted under the 20-point programme and carrying out agricultural activities. The matter was referred to the President by the then L-G.

All matters referred to the L-G after this arose from a difference of opinion between the AAP government and former Delhi L-G Anil Baijal. The first was in 2017 over the appointment of former IRS officer Krishna Saini as DERC chief. While Saini was appointed in 2016, then L-G Najeeb Jung set his appointment aside saying he was not consulted. Months after Baijal took over, he referred the matter to the President. In 2018, former Allahabad High Court judge Satyendar Singh was appointed, after the post remained vacant for a year and a half.

Again in 2017, Baijal referred the Arvind Kejriwal government’s decision to grant a compensation of Rs 1 crore to the family of ex-serviceman Ram Kishan Grewal, who committed suicide during a protest demanding One Rank One Pension. Baijal did not clear the file, instead referring it to the President.

In three subsequent cases in 2020 and 2021, difference of opinion arose over appointment of special public prosecutors (SPPs) in crucial cases being heard in court. In 2020, Delhi Police had given the names of 11 lawyers who they said should represent the state court in Northeast Delhi riots cases. The government was opposed to this, stating that the appointment of SPPs was the responsibility of the elected government. The President agreed with the L-G’s opinion and 11 SPPs were appointed.

In 2021, six new SPPs were appointed in the riots cases and 11 in criminal cases registered against protesters who stormed the Red Fort during the farmer agitation, through the same process.

The latest flashpoint between the L-G and government was over alleged misuse of public office by the DDC V-C Jasmine Shah. The L-G had ordered Shah “be restricted from discharge of function” and his office sealed. Present L-G VK Saxena referred the matter to the President last November and a decision is awaited.