New Delhi: In its turf war against Lieutenant Governor Najeeb Jung, Aam Aadmi Party has got another supporter in form of senior lawyer and former solicitor general Gopal Subramaniam who has said that LG has no independent discretion to appoint a chief secretary.
In his letter to Chief Minister Arvind Kejriwal-led government, Subramanium said, “Exercise of powers by Delhi Govt can not be overruled by LG as this violates Constitutional Scheme.”
“It is constitutionally unviable for LG to act de hors the aid and advice of council of ministers,” Subramanium wrote in his legal opinion sent to the Delhi government.
The letter was in response to the Delhi government after it sought his views over the issue of powers of the Lt Governor to appoint a chief secretary.
“It would fall foul of basic structure of Constitution as it undermines basic features of democracy and the cabinet form of Govt,” Subramanium wrote.
The AAP government had also sought opinion on the issue from eminent lawyers Rajeev Dhavan and Indira Jaising, who have also supported its stand.
The AAP government and LG are at loggerhead over appointment IAS Shakuntala Gamlin as interim Chief Secretary,.
Yesterday, the fight over appointment of Gamlin reached the President's court with Jung and Delhi CM Arvind Kejriwal meeting Pranab Mukherjee separately and apprising him about the present situation.