Delhi HC Refuses to Order Special Assembly Session for Tabling CAG Reports
The Delhi High Court has recently refused to direct the Delhi Legislative Assembly to hold a special session for tabling the Comptroller and Auditor General (CAG) reports. This decision comes despite the court acknowledging delays by the Delhi government in presenting the reports, which are crucial for transparency and accountability.
Court's Stand on Judicial Intervention
Justice Sachin Datta, who led the bench, made it clear that the court is not inclined to intervene in the functioning of the Delhi Legislative Assembly. The court emphasized that tabling the CAG reports is indeed mandatory under the Constitution, but it refrained from issuing a judicial order to summon a special session of the assembly for this purpose.
The court’s decision puts an end to the petition filed by opposition leader Vijender Gupta and several BJP MLAs, who had called for a special session to ensure that the CAG reports were tabled before the upcoming Delhi Assembly elections.
Opposition’s Petition and the Court's Observations
The petitioners, including BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, and others, sought the intervention of the court, urging the assembly to hold a special session to discuss the delayed CAG reports. However, the court noted the delays but chose not to pass any directions to expedite the matter, emphasizing that such decisions are part of the internal functioning of the assembly.
During the proceedings, the Delhi government and the assembly speaker opposed the plea, arguing that there was no urgency to present the reports before the elections, as the assembly’s tenure would end in February. The assembly secretariat also added that tabling the reports at this point would not serve any practical purpose, as the matter falls under the assembly’s prerogative.
Court’s Concerns Over Delays
While the Delhi High Court refrained from issuing orders, it did express concerns over the delay in tabling the CAG reports. During a previous hearing on January 13, the court had remarked that the Delhi government’s delay in presenting the reports raised doubts about its sincerity in addressing the issue. The court had emphasized that the reports should have been tabled promptly for discussion, reinforcing the constitutional obligation to do so.
However, the court also acknowledged that the assembly’s internal processes are beyond its direct intervention. This move marks a significant moment in the ongoing political discussions in Delhi, as the opposition continues to accuse the government of transparency issues.
Impact on Upcoming Elections
As the Delhi Assembly elections approach, this decision could have political ramifications. The delay in tabling the CAG reports and the refusal to summon a special session have become talking points in the ongoing election campaigns. The opposition continues to press for transparency, while the ruling party maintains that the matter falls under the assembly's discretion.
With elections scheduled for February 5, 2025, and the assembly’s term ending soon, this issue may continue to be a focal point for both parties. As voters prepare to head to the polls, the role of the CAG reports and the transparency of the Delhi government will likely remain at the forefront of political discussions.
Conclusion
The Delhi High Court’s refusal to order a special session for tabling the CAG reports highlights the complex relationship between the judiciary and legislative functions. While acknowledging the delays in tabling the reports, the court refrained from overstepping its boundaries, leaving the matter to the discretion of the Delhi Legislative Assembly.
As the city prepares for the upcoming elections, this issue of transparency and the handling of the CAG reports will continue to resonate in the political narrative. The opposition, in particular, is likely to keep pressing for answers, while the ruling party will aim to maintain control over its narrative.
Reference from:-https://timesofindia.indiatimes.com/india/delhi-hc-refuses-to-order-special-assembly-session-for-tabling-cag-reports/articleshow/117517152.cms