Centre tells assembly no questions on ‘reserved’ issues; MLAS cry foul
FLASHPOINT Union law ministry sends note through LG office, speaker calls it a “childish attempt” to curtail the privileges of the House
NEW DELHI: Delhi assembly speaker Ram Niwas Goel told the House on Monday that the Union government had asked him not to admit questions on ‘reserved’ subjects such as vigilance, land, services, and law and order, leading to rare unanimous criticism by Aam Aadmi Party (AAP) and Bharatiya Janata Party (BJP) MLAS.
Goel described the National Democratic Alliance (NDA) move as a “childish attempt” to curtail the privileges of the House. He said the Centre’s communication to the assembly came through the Lieutenant-governer’s office in a letter dated March 19.
As per the Constitutional arrangement, the Delhi assembly cannot legislate on matters in the ‘reserved’ list, which are controlled by the Centre through the L-G. The Union law ministry, in its advice to the L-G’S office through the Union home ministry, wrote that “in view of provision contained in Article 293AA (3) and (4) read with Rule 29 of the Procedure and Conduct of Business of the Legislative Assembly of National Capital Territory of Delhi, legally the Speaker of the Legislative Assembly cannot admit any question on any Reserved Subject”.
MLAS from both AAP and BJP said that the rule was being misread and that the speaker had the right to choose any question that can be taken up in the House.
Deputy chief minister Manish Sisodia led the government charge, stressing that the assembly should not be treated as a “subordinate” of the Union home ministry. Joining issue with the government, the leader of the Opposition Vijender Gupta said curtailing questions i n the assembly would lead to opaqueness in governance.
Last week, a similar controversy had erupted in the Madhya Pradesh assembly. Legislators, according to rules amended by the state assembly secretariat, were barred from asking questions about communal riots, sensitive events, confidential issues, and any query that may encourage secessionism. The Opposition members said it was an effort to “stifle democracy” — a view endorsed by the speaker Dr Seetasharan Sharma.
Goel raised the issue after the government’s vigilance and services departments declined to answer questions put up by MLAS relating to vigilance cases and details of foreign trips by officers (including those of MCDS) and ministers dating back around 15 years.
Gupta said the matter of foreign trips does not come in the jurisdiction of services and the assembly has every right to seek details.
After reading the L-G’S letter during the House proceedings, the speaker said not answering questions of public importance would be considered as a “contempt of the Assembly”. “First of all, it should be noted that as per Rule 291, the Speaker’s decision is final regarding interpretation of the Rules of Procedure. Moreover, rule 293 clearly states that ‘no decision of the Speaker in respect of allowing or disallowing any resolution or question shall be questioned,” Goel added.
“As pointed out by the Deputy CM yesterday, information cannot be denied even under the RTI Act....such questions have been answered before. Trying to evade questions on vigilance matters under the garb of services smacks of intent to protect the corrupt,” the speaker said.
The speaker has got the power to admit whatever question he feels is important and should be answered. He can interpret the rules of procedure as per his own understanding. The Centre is overstepping its responsibilities. I have seen the House since
1993, there has never been an embargo. Even during the time of Saheb Singh Verma and Madan Lal Khurana with Narasimha Rao as PM, there was never such an issue.