Delhi Speaker clarifies on ‘reserved subjects’ issues, cites rules
New Delhi: In an attempt to dispel doubts of newly-elected Delhi legislators, Assembly Speaker Vijender Gupta on Friday gave his ruling, clarifying on ‘reserved subjects’ which can be raised during question hour with his permission.
“As you are aware, according to Article 239 AA, it is the subjects that are reserved, not the departments. The Home Department (such as criminal law, prosecution, Delhi Fire Services) and the Land and Building Department (such as allocation of land for hospitals or schools, housing, office accommodation, housing loans) undertake numerous functions that are not reserved,” he said.
As per our Rules of Procedure, the Speaker is the final authority to determine the admissibility of questions, he said.
The Speaker is empowered to decide on the admissibility of questions under Rule 48. Under Rule 291, the Speaker is authorised to interpret the rules, and their decision shall be final, he said.
“Under Rule 292, the Speaker possesses residuary powers in any matter not provided for in the rules, and under Rule 293, no decision of the Speaker regarding the admission or non-admission of any question shall be called into question,” said Speaker Gupta.
“Therefore, it has been decided that questions relating to reserved subjects will be admitted by me on a case-to-case basis. In the matter of ‘services’, the Hon’ble Supreme Court has ruled that it is not a reserved subject, and questions pertaining to this department shall be admitted and answered,” he said.
The clarification by the chair comes a day after the Speaker rejected Leader of Opposition Atishi’s plea to allow a discussion on the allegedly deteriorating law and order situation in the city, saying the issue did not fall under the jurisdiction of the city government.
“The notices submitted by the Opposition, which I did not accept, were merely an attempt to misuse the procedures of the House and create organised disruptions. I will not allow this,” said the Speaker.
After the rejection of five AAP legislators’ request for discussion on Delhi’s law and order situation, the Speaker issued a statement, saying, “I have received a letter from the Leader of Opposition, Atishi, regarding my decision not to permit certain notices of Special Mention submitted by some members.”
He added that the Delhi Assembly follows the Special Mention rules as prescribed in the Rajya Sabha. According to Rule 180B (II) of the Rajya Sabha, it is clearly stated that a Special Mention should not refer to a matter that does not primarily fall under the jurisdiction of the government.
The Speaker said in his statement that he would always welcome healthy and democratic debates in the House. “However, I will not permit any discussions that are solely aimed at gaining political advantage and wasting the time of the House for self-glorification in the media,” said Gupta.