AAP-LG slugfest: Delhi assembly resolution outlandish, but not binding: Expert

New Delhi, May 27: The resolution adopted by the Delhi assembly against the union home ministry notification was "outlandish" but not legally or constitutional binding on anyone, constitutional expert Subhash C. Kashyap said on Wednesday.

A private member's resolution, brought by Aam Aadmi Party (AAP) legislator Somnath Bharti in the Delhi assembly, termed the May 21 notification "illegal".

'Delhi assembly resolution outlandish'

Kashyap, a former Lok Sabha secretary general and a leading constitutional expert, told IANS that it was nothing more than an opinion expressed by the assembly members.

[AAP-LG tussle: AAP govt moves resolution against Centre's notification]

"A resolution is an opinion, it has no legal or constitutional binding," Kashyap told IANS.

He, however, said passing such a resolution was outside the powers of the assembly.

"I think it is outlandish and not exactly part of the responsibilities or jurisdictions of the assembly. An assembly is given specific power under the Constitution, and this does not come in any of the powers in the items in the state list," he said.

"However, it is just an opinion, and every one is free to have an opinion. But it is not binding on either the central government of the president," he said.

A private member's resolution is brought not on behalf of the government, but by an individual member.

The resolution asked city officials to ignore the May 21 central notification and obey the decisions of Delhi's council of ministers and work without fear.

The notification had backed Lt. Governor Najeeb Jung in his tussle with Delhi Chief Minister Arvind Kejriwal over the appointment of senior officials.


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