New Delhi, Oct 11 (PTI) The Delhi government on Tuesday opposed before the Delhi High Court a petition by the Municipal Corporation of Delhi challenging the constitution of a “Committee of Municipal Corporation” by the legislative assembly and the panel’s subsequent demands for information on the civic body’s “internal affairs”.
The government, in a reply filed before the court, said that the city’s local authority is constitutionally obliged to provide information sought by the assembly committee and there is no requirement under the law to obtain prior consent of the lieutenant governor (LG) for the constitution of such committees.
It also disputed MCD’s (Municipal Corporation of Delhi) assertion that only the Centre has the power of superintendence over its affairs, claiming that the argument is “entirely misplaced” and contrary to the constitutional and statutory scheme.
The law does not preclude assembly committees from seeking any information and a state government enjoys powers of supervision over institutions of local self-government, the Delhi government added.
The MCD, represented by senior lawyer Sanjay Poddar, had moved the high court earlier this year and argued that the Delhi government has no legal right to discuss the functioning, administration and activities of the corporation in the legislative House or its committees, especially in view of section 33 of the Government of the NCT of Delhi (GNCTD) Act.
In the petition filed through lawyers Sanjeev Sagar and Nazia Parveen, the MCD has contended that the act of questioning it through the “Committee of Municipal Corporation” was bad in law and illegal as the Delhi government cannot seek information and compel the presence of officers without sanction and approval of the lieutenant government in view of an amendment to the GNCTD Act.
The amendment, which came into force in March last year, introduced changes to certain provisions of the Act, including section 33, and provided that the legislative assembly shall not make any rule to enable itself or its committees to consider the matters of day-to-day administration of the capital or conduct inquiries in relation to the administrative decisions.
The Delhi government, in response, said that the power of an assembly committee “to seek information by compelling production of documents and ensuring attendance of witnesses is a parliamentary convention which has been constitutionally recognised in our democracy” and the purpose behind seeking information in the present case was to merely aid in framing of legislative policy.
“The petitioner is constitutionally obliged to provide the information sought by the Committee….(It) cannot be classified as interference with the day-to-day administration of the capital or seeking to review and overturn any administrative decision made by the corporations.
“Seeking information to suggest effective policy changes is essential and fundamental to the existence of legislative committees and to the legislature itself which functions on the basis of the work undertaken by its committees in a Parliamentary form of democracy,” it was stated in the reply.
The city government said that municipal corporations are not independent of checks and balances and the “constitutional scheme of accountability of municipal corporations to the state government” remains “largely unchanged” even after the amendments to the applicable law.
“The contention of the petitioner that only the central government has powers of superintendence over it due to amendments made to the Delhi Municipal Corporation Act, 1957, by the Amendment Act of 2022 is entirely misplaced and contrary to the extant constitutional and statutory scheme,” it said.
“Section 2(21-A) of the MCD Act defines ‘government’ to mean the Government of the NCT of Delhi. The definition of ‘government’ has been altered to central government for certain provisions…. For all other purposes, government still means Government of National Capital Territory of Delhi/ State Government under the MCD Act. It is submitted that this position is consistent with the constitutional scheme,” according to the reply.
Seeking dismissal of the MCD’s petition, the Delhi government said that the committee was constituted as per the powers conferred on the state legislative assembly under the law and the rules and its letter demanding information also do not suffer from any “gross illegality”.
The Delhi government emphasised that the role of legislative committees as the “eyes, ears and to some extent the brain of the legislature” has been acknowledged by the Supreme Court and the role and significance of legislative committees in a parliamentary democracy is a recognised practice, precedent and custom.
“Executive power of the State is coterminous with its legislative power under Article 162 and therefore the state government also enjoys powers of supervision over institutions of local self-government… even under the amended Section 33, there is no requirement to obtain either prior consent of the Hon’ble LG for constitution of a Committee on Municipal Corporations or any other Committee,” it was stated in the reply.
In its petition, MCD has told the court that it has its own house of elected members and committees to examine its subjects and it cannot be put to scrutiny of an external committee.
“The committee has raised various demands for supply of information regarding subjects like buildings, veterinary department, policies, guidelines of constructions, issuance of NOC for National Flag etc…. The information sought by ‘Committee of Municipal Corporation’ is related to internal affairs of the corporation, therefore the said Committee is barred from seeking such information,” the petition said. PTI ADS ANB ANB
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