After Delhi Lt Governor V.K. Saxena sent back the file pertaining to government teachers' training programme in Finland with his comments of cost benefit analysis, Deputy Chief Minister Manish Sisodia on Friday sent the file again to the LG for his approval.
In the proposal moved this time, the Deputy CM has noted, "The Government has examined proposals from all aspects, including cost benefit analysis and finds it essential to improve the quality of education.
If the CM and Education Minister have decided to send their teachers abroad, then how can LG scuttle it by repeatedly raising flimsy objections. It is against democracy and the Constitution that an unelected individual is deciding and altering almost every decision of a democratically elected government."
He further noted, "Hon'ble LG's remarks are extremely unfortunate. According to the 2018 judgment of the Constitution Bench of Hon'ble Supreme Court, Hon'ble 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."
Referring to the judgment in the proposal, Sisodia has said, "Therefore, Hon'ble LG does not have the power to order a cost benefit analysis of any decision of the Council of Ministers.
Hon'ble LG has said that he is not obliged to follow SC orders as he treats them as SC's opinion. We wish to remind Hon'ble 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 Hon'ble SC." He added, "Hon'ble 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.
Hon'ble LG may like to seek advice from a good constitutional expert in this regard." "After doing all the analysis and examining all aspects, Delhi Government has decided to send its teachers to Finland for training.
Hon'ble LG may kindly inform whether he wishes to invoke 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," said Sisodia in the proposal.