New Delhi: Deputy Chief Minister Manish Sisodia on Friday once again presented the proposal of Finland-based training for school teachers of the Delhi government to Lieutenant Governor Vinay Kumar Saxena for final approval, saying that a cost-benefit analysis of the proposal was duly done. In the proposal, the Deputy CM mentioned, “The government has examined the proposal to send its teachers to Finland from all aspects, including cost-benefit analysis, and found it necessary to enhance the capacity of teachers and improve the quality of education.” ”
‘Today, India needs a modern approach’: Sisodia
He further said, “The elite class of our country is suffering from feudal mindset. While they want to send their children abroad for the best education, but when it is proposed to have teachers who teach poor children, they strongly oppose it. do and demand a cost-benefit analysis.” There should be no place for such regressive feudal mindset in 21st century India. India today needs a modern approach in which all children, whether rich or poor, irrespective of class or religion, should get the best of quality. Education.”
‘LG’s comment unfortunate’
“LG’s remarks are extremely unfortunate. As per the 2018 judgment of the Constitution Bench of the Supreme Court, LG does not have the power to order such cost-benefit analysis or issue directions that instead of sending teachers abroad can be trained.” Manish Sisodia said.
The Deputy Chief Minister further referred to the Supreme Court judgment where it was reiterated twice that the Lieutenant Governor has not been entrusted with any independent decision making power.
‘LG has no power to order cost-benefit analysis’
Referring to the same, the Deputy CM said, “Hence, the LG does not have the power to order a cost-benefit analysis of any decision of the Council of Ministers. The LG has said that he is bound to follow SC orders.” as he considers them to be SC’s opinion. We would like to remind the LG that SC orders are not only binding on every citizen of India but are also the law of the land. Everyone is bound to follow SC orders bound.”
He added, “The LG has also said that since he is the “Administrator” of Delhi, he is vested with “supreme” powers to issue any order to any officer on any subject. We humbly state that That the powers of the “Administrator” Delhi are not unlimited. They are defined in the Constitution and in various orders of the Hon’ble Supreme Court, which are binding. The LG may prefer to consult a good constitutional expert in this regard.”
Further noting how the Supreme Court has ruled that the real power to take decisions rests with the Council of Ministers, which is headed by the Chief Minister, he said, “Your Excellency, the Delhi government has been elected by the 2 crore people of Delhi. After the verdict, the Supreme Court has ruled in favor of democracy that the elected Council of Ministers headed by the Chief Minister has all the powers. So, if the Chief Minister and the Education Minister have decided that they want to send their teachers abroad for training, then How can Hon’ble LG stop this by repeatedly raising frivolous objections?”
He said, “The Supreme Court in its 2018 constitution bench judgment had said that the files of the Delhi government will not go to the Hon’ble Lt Governor. Once a decision is taken by a minister, a copy of the same will be sent to the Hon’ble Lt Governor.” The LG and the ministers will start implementing that decision without waiting for any approval and/or consent from the LG. LG’s consent is not required.”
The Deputy CM said, “Unfortunately, in 2021, the Central Government amended the GNCTD Act and overturned the aforesaid decision of the Constitution Bench. The sole purpose of that amendment was to nullify the Constitution Bench decision of the Supreme Court. The amendment says that from now on, all files will go to the LG. The decision will not come into effect until the LG decides whether he wants to overrule the decision of the Council of Ministers and whether he wants to refer the matter to the President of India “
He also wrote, “Since that time it has been observed that while the LG rarely invokes the provision of Article 239AA(4) of the Constitution and he rarely refers any matter to the President, however, he almost Keep raising unnecessary and frivolous objections on every matter. The effect of the amendment is that now LG’s concurrence is necessary in all matters. This is unconstitutional. This is a reversal of the constitution bench’s decision. It is against democracy and basic structure of the constitution It is against that an unelected person is subverting and changing almost every decision of a democratically elected government that came to power with a thumping majority.
He concluded and said, “After doing all the analysis and examining all aspects, the Delhi government has decided to send its teachers to Finland for training. The LG may kindly inform whether it is within the purview of Article 239AA(4) of the Constitution.” want to implement the provision. If he wishes to do so, he will have to follow the procedure provided in Rule 49 of the TBR. Taking to Twitter, Chief Minister Arvind Kejriwal said, “I hope LG will allow Delhi govt school teachers to go abroad for training.”