Terminate knowledge-sharing pact with Delhi: Congress to Punjab Governor

Tribune News Service

Chandigarh, May 3

Terming the knowledge-sharing agreement signed between the AAP governments of Punjab and Delhi violation of the Constitution and Rules of Business of the two states, the Punjab Congress today urged Governor Banwarilal Purohit to terminate it.

Lacked required approval

• A five-member Congress delegation pointed out the pact lacked approval of both Punjab Governor and Lieutenant Governor of NCT Delhi
• Memorandum says CMs of two states had no inherent power to enter into such a pact sans deliberation by Council of Ministers and nod of Guv/Lt Governor

A five-member delegation comprising PCC chief Amrinder Singh Raja Warring, CLP leader Partap Singh Bajwa, Dr Raj Kumar Chabbewal, Sunder Sham Arora and Capt Sandeep Sandhu, while submitting a memorandum to the Governor, pointed out the agreement between the two states neither had his approval nor that of the Lt Governor of NCT Delhi.

The delegation also sought Governor’s intervention over the deteriorating law and order situation and political vendetta in registering a case against party leader Alka Lamba and AAP founder member Kumar Vishwas.

In the memorandum, it has been pointed out the agreement signed by CM Bhagwant Mann and his Delhi counterpart was illegal as the CMs of the two states had no inherent power as per the provisions of the Constitution to enter into such an agreement without due deliberation by the Council of Ministers of their respective states and without prior approval of the Punjab Governor as well as of the Lt Governor of NCT Delhi.

It has been further pointed out as per Article 154, the Executive Power of State shall be vested in the Governor and it shall be exercised by him either directly or through subordinate officers subordinate to him in accordance with this Constitution. Also, Article 166 on Conduct of Business of the Government of a State mentions all executive action of the government of a state shall be expressed to be taken in the name of Governor.

Further, the rules stipulate that that every order or instrument of the government of the state of Punjab shall be signed either by a Secretary, an Additional Secretary, a Joint Secretary, a Deputy Secretary or an Under Secretary or such other officer as may be specially empowered by the Governor on that and the signature so made shall be deemed to be the proper authentication of such order or instrument, reads out the memorandum.

As per the March 29, 2021, notification of the Ministry of Law and Justice, Government of India, the CM of NCT Delhi had to seek the opinion of Lieutenant Governor before signing the inter-state agreement. However, the Delhi CM neither took the opinion nor communicated it to the LG regarding the signing of the inter-state agreement. The agreement also breached the oath of secrecy administered to the CM and ministers.

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