Deputy Chief Minister Manish Sisodia on Friday moved the proposal of Finland-based training for Delhi Government School Teachers to Lieutenant Governor Vinai Kumar Saxena once again for his final nod stating that the cost-benefit analysis of the proposal was duly done.
In the proposal the Deputy CM has noted, “The Government has examined the proposal to send its teachers to Finland from all aspects, including cost-benefit analysis, and finds it to be essential to enhance the capacity of teachers and improve the quality of education.”
He further noted, “The elite class of our country suffers from a feudal mindset. Whereas they want to send their own children abroad for the best education but they strongly object and seek a cost-benefit analysis when even the teachers teaching poor children are proposed to be sent abroad for training. Such a regressive feudal mindset should have no place in 21st-century India. Today, India needs a modern outlook wherein all children, rich or poor, whichever class or religion they belong to, must get the best quality education.”
“LG’s remarks are extremely unfortunate. According to the 2018 judgement of the Constitution Bench of SC, LG does not have the power to order such cost-benefit analysis or issue directions that the teachers may be trained in India rather than sending them abroad,” said Manish Sisodia.
The Deputy Chief Minister further cited the Supreme Court judgement where twice it repeats that the Lieutenant Governor has not been entrusted with any independent decision-making power.
Referring to the same, the Deputy CM noted, “Therefore, LG does not have the power to order a cost-benefit analysis of any decision of the Council of Ministers. LG has said that he is not obliged to follow SC’s orders as he treats them as “SC’s opinion. We wish to remind LG that the orders of SC are not only binding on every citizen of India but become the law of the land. Everyone is bound to follow the orders of SC.”
He added, “LG has also said that since he is the “Administrator” of Delhi, he is vested with “supreme” powers to issue any orders to any officer on any subject. We wish to humbly state that the powers of the “Administrator” of Delhi are not unlimited. They are defined in the Constitution and in various orders of Hon’ble SC, which are binding. LG may like to seek advice from a good constitutional expert in this regard.”
Further noting how the Supreme Court has ruled that the substantive power of decision-making vests in the Council of Ministers with the Chief Minister as its head, he noted, “Your Excellency, Delhi Government has been elected by 2 crore people of Delhi. In Judgement after Judgement, Supreme Court has ruled in favour of democracy that elected Council of Ministers headed by a Chief Minister has all the powers. So, if the Chief Minister and the Education Minister have decided that they wish to send their teachers abroad for training, then how can Hon’ble LG scuttle it by repeatedly raising flimsy objections?”
He added, “Supreme Court had said in its 2018 Judgement of Constitution Bench that the files of Delhi Government will not go to Hon’ble LG. Once a decision has been taken by any Minister, a copy of the same shall be communicated to Hon’ble LG and the Minister shall start implementation of that decision without waiting for any approval/or concurrence from LG. Concurrence of LG is not required.”
The Deputy CM noted, “Unfortunately, in 2021, the Central Government amended GNCTD Act and overturned the aforesaid Judgement of Constitution Bench. The only purpose of that amendment was to nullify the Constitution Bench Judgement of the Supreme Court. The amendment says that henceforth, all files will go to LG. The decision will not be implemented till LG decides whether he wishes to differ with the decision of the Council of Ministers and whether he wishes to refer the matter to the President of India.”
He also wrote, “It has been seen since then that whereas LG rarely invokes proviso to Article 239AA(4) of the Constitution and he rarely refers any matter to the President, however, he keeps raising unnecessary and frivolous objections on almost every matter. The amendment has had an impact that now, “concurrence of LG is required on all matters. This is unconstitutional. This is a subversion of the Constitution Bench Judgement. This is against democracy and against the basic structure of the Constitution that an unelected individual is deciding and altering almost every decision of a democratically elected Government which has come to power with a thumping majority.”
He concluded and said, “After doing all the analysis and examining all aspects, Delhi Government has decided to send its teachers to Finland for training. LG may kindly inform whether he wishes to invoke the proviso to Article 239AA(4) of the Constitution. If he chooses to do so, he must follow the process provided in Rule 49 of TBR.”
Taking to Twitter, Chief Minister Arvind Kejriwal said, “I hope LG will permit Delhi Government School teachers to go abroad for training.” (ANI)
This report is filed by ANI news service. TheNewsMill holds no responsibility for this content.
