Appointment of AAP MLAs as Parliamentary Secretaries set aside

As reported in The Hindu, the Delhi Government’s order dated March 13, 2015 appointing 21 Aam Aadmi Party MLAs as Parliamentary Secretaries was set aside by the Delhi High Court while hearing a petition seeking quashing of the appointments for being unconstitutional, illegal and without jurisdiction, on the ground that the order was passed without the approval of the Lieutenant Governor of Delhi.

The Court found the issue covered by the judgment in Government of  National Capital Territory of Delhi  v. Union of India, 2016 SCC OnLine Del 4308, decided on  August 4, 2016   wherein it was held mandatory under the constitutional scheme to communicate the Council of Mininsters’ decision to the LG even in relaton to matters  in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239-AA of the Constitution and an order thereon can be issued only where the Lt. Governor does not take a different view and no reference to the Central Government is required in terms of the proviso to clause (4) of Article 239-AA of the Constitution read with Chapter V of the Transaction of Business of the Government of NCT of Delhi Rules, 1993.

Credit: The Hindu

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