DELHI
The experts also claim it to be a violation of the Constitution by the Delhi government, for not allowing the LG to address the first session of the new year.
The Lieutenant Governor (LG) of Delhi will not be addressing the first Assembly session of the year as the Aam Aadmi Party (AAP) government continues with the Monsoon session at a time when the Winter session should have concluded, setting the stage for yet another confrontation. Experts believe that the reason for prolonging the Monsoon session may be to ensure that the government wouldn't require permission from the LG to begin a new session.
The experts also claim it to be a violation of the Constitution by the Delhi government, for not allowing the LG to address the first session of the new year.
Delhi government officials, however, claim that the two-day session starting Tuesday is in continuation since June. The officials also add that since the Assembly was never in prorogation, meaning officially ended, it is still in session.
"LG's address will be held on the first fresh session of the year, which will be held in March," said an official.
As per an official summon sent by the Delhi Assembly, the two-day session on Tuesday and Wednesday by the Delhi government is part of the Monsoon session called by the AAP government called in June.
The summon reads, "Hon'ble Members are informed that the sixth part of fourth session of Sixth Legislative Assembly of the National Capital Territory of Delhi will commence on Tuesday, the 17th January, 2017 at 02.00 PM in the Assembly Hall, Old Secretariat, Delhi."
GC Malhotra, former Secretary General, Lok Sabha, said that while the session was in violation of the Constitution, any resolutions passed during the session can be challenged in the Court of Law.
Former secretary Delhi Assembly SK Sharma said that the lack of address and the prolonging of the session suggested a failure of the Constitutional machinery. "This suggests that the government by not prorogating a session can hold multiple sessions without seeking LG's permissions and at the same time conduct all the proceedings of the Assembly in just one session," said Sharma.
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