Atishi declares L-G’s order on development panel null & void

New Delhi, July 2

Delhi Planning Minister Atishi on Tuesday declared the order of the Services Department and the Lieutenant-Governor (L-G) to rescind the non-official members of the Dialogue and Development Commission of Delhi (DDCD) as “null and void” due to “a patent lack of jurisdiction”. Consequently, the non-official members will continue in their roles despite the L-G’s order.

‘Has no power’

The L-G and the Services Department have no power or authority over the non-official members of Dialogue and Development Commission of Delhi in any manner whatsoever. — Atishi, Planning Minister

Issuing the order, Atishi said, “The DDCD has been constituted by the elected Government of Delhi, ie, the Council of Ministers, in exercise of power vested in it by Entry 20, List III of the VII Schedule of the Constitution which deals with Economic and Social Planning.”

She added that according to the Constitution Bench judgment dated July 4, 2018, the L-G does not have independent decision-making power over transferred subjects.

“In such matters, he is bound by the aid and advice of the elected government, which exercises exclusive executive powers over transferred subjects, including issues pertaining to the Planning Department,” she added.

The order references a June 27 directive from the Services Department, which was presented to Atishi.

Atishi said, “It is unequivocally clear from the terms of constitution of the DDCD that the sole supervisory jurisdiction and authority over the appointment and discharge of functions by non-official members is that of the Chief Minister.”

She noted, “The non-official members of the DDCD are not appointed to a civil service, nor do they hold a civil post. They have been appointed by the CM to advise the government on issues of governance, and their term is coterminous with the present government.”

“Any order for removal of the non-official members can only be passed by the Chairperson, DDCD, or CM as the competent authority,” she added.