which flows from Articles 118 and 208 of the Indian Constitution empowers the NCTD Legislative Assembly to frame its own rules.
New Delhi: Leader of Opposition Vijender Gupta has revealed that the Delhi Legislative Assembly Secretariat has come out with the latest edition of Rules of Procedure and Conduct of Business, 2018 comprising significant amendments, in violation of lieutenant-governor Anil Baijal’s clear- cut and strong-worded advice contained in his message on September 13, 2017 to the Assembly.
In a letter to Raj Niwas, Mr Gupta claimed that this violation was a serious matter as the Legislative Assembly was bound to follow the advice by the L-G given out of his discretion.
Mr Gupta told the L-G that the secretary of the Delhi Assembly justifying the amendments in the preface of the Rule Book says Section 33 of GNCTD Act, 1991, which flows from Articles 118 and 208 of the Indian Constitution empowers the NCTD Legislative Assembly to frame its own rules.
“But it ignores the fact that the rules empower the Assembly to formulate rules provided that the L-G shall, in due consultation with the Speaker and with the approval of the President, makes the Rules. In fact, the L-G had suggested amending Section 33 of GNCTD Act to the following effect on 17th July 2017 to the Union ministry of home affairs,” said Mr Gupta.
As per Mr Gupta, the Delhii Legislative Assembly shall not make rules that enable it, or its committees, to go into the day-to-day functioning the Government, or conduct inquiries in relation to the administrative decisions, and that any of the Rules made by Assembly shall not be inconsistent with the Rules of Procedure and Conduct of Business of the LS. He wrote these panels are unconstitutional and violate the LS Rules. “It a concern the House has endowed them with unconstitutional powers,” he said.