New Delhi: Senior lawyer and former solicitor general Gopal Subramanium has supported the Aam Aadmi Party (AAP) government in its turf war with the Lt Governor, saying Najeeb Jung has no independent discretion to appoint a chief secretary.
Subramanium is his letter to Arvind Kejriwal-led government said that exercise of powers by his Delhi government can't be overruled by the LG as this violates constitutional scheme.
It is constitutionally unviable for the LG to act dehors the aid and advice of council of ministers, Subramanium wrote in his legal opinion sent to the Delhi government.
The senior lawyer’s letter comes after the Delhi government sought his views over the issue of powers of the Lt Governor to appoint a chief secretary.
The AAP government had also sought opinion on the issue from eminent lawyers Rajeev Dhavan and Indira Jaising, who have also supported its stand.
The war of words between Delhi's AAP government and the Lt Governor on Tuesday reached the Rashtrapati Bhavan, with Chief Minister Arvind Kejriwal accusing Jung of interfering in the working of his elected government and even threatening officials.
And in another act of defiance, the AAP government yesterday named Arvind Ray, an IAS officer removed by the Lt Governor from the post of secretary (home), as the secretary (general administrative department).
The post of secretary (GAD) was earlier held by Anindo Majumdar, who was on Monday locked out of his office at the Delhi Secretariat on Kejriwal's orders for following Jung's fiat to appoint Shakuntala Gamlin as acting chief secretary on May 15.
The confrontation over Gamlin's appointment as acting Chief Secretary has turned into a full-blown war between the ruling AAP and the Lieutenant Governor last week with Kejriwal alleging that Jung was trying to take over the administration.
Despite Kejriwal's strong opposition, Jung appointed Gamlin to the post on Friday. On Saturday, the Chief Minister had asked her not to take charge of the post but she ignored his directive and followed the LG's order.
