Delhi: The dispute relates to the finance department returning files, and asking for them to be approved via the law department
Delhi assembly’s speaker Ram Niwas Goel hit out at the finance department of the administration, reiterating allegations that the department was attempting to undermine the House’s financial autonomy by rejecting requests for approvals or asking them to be re-routed through the legal department.
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This is not the first time that the assembly, dominated by the Aam Aadmi Party (AAP), has had a confrontation with bureaucrats who effectively report to lieutenant governor VK Saxena, who in turn reports to the Bharatiya Janata Party-led Union government.
“Attempts are being made to undermine the autonomy of the legislative assembly secretariat’s financial system, with the Delhi government’s finance department at its centre. The Indian Constitution clearly stipulates the establishment of the secretariat, including financial independence, for Parliament and state legislative assemblies, with powers vested in the presiding officer,” the speaker said on Friday as the state’s assembly session began.
“However, despite 30 years since the formation of the Delhi legislative assembly, it is unfortunate that it still relies on the finance department to fulfil its financial requirements. It is alarming that the finance department is making unconstitutional efforts to render the powers given to the legislative assembly secretary ineffective.”
The dispute relates to the finance department returning files, and asking for them to be approved via the law department — a process that will make the independence of the legislative assembly secretary redundant, Goel said.
The assembly secretary is part of Delhi assembly and reports to the speaker.
In September, Goel alleged that the Delhi government finance department was keeping multiple important files of the assembly pending for up to eight months without any reasons or returned them on frivolous ground. The finance department, however, rejected the charges.
The latest controversy started after a November 17 meeting convened by finance minister Atishi, and also attended by principal secretary (law) Bharat Parashar and secretary finance Nihrika Rai.
It was suggested in the meeting that the principal secretary (law) is the head of the department for Delhi assembly. However, Parashar categorically stated that administrative and financial matters had not been processed through the law department since 1993, and therefore there is no need to change the settled practice.
Goel said that the finance department has been continuously trying to bypass the assembly secretary and carry out the functioning of the assembly through the law secretary. “The law department has clarified on different occasions that its (law dept’s) interventions in Delhi assembly are limited to matters of legislative businesses. The law department has also clarified that the administrative and financial matters of the legislative assembly will be dealt by the secretary of the assembly, and that the law secretary has no role in them,” the speaker said.
A finance department official, however, said, “Delhi assembly was formed under the Government of National Capital Territory of Delhi Act and it has the autonomy in legislative matters, but has to follow financial delegation. This has been communicated to the assembly on multiple occasions.”
The official, who asked not to be named, added: “Some financial powers can be delegated to the assembly secretary to meet its sundry expenses such as organising functions, etc. However, for the delegation of the financial powers, a proposal has to be moved by the secretary of the assembly to the finance department. The finance department is following the Allocation of Business rules issued by the Union ministry of home affairs.”
