Legislative Assembly
National Capital Territory of Delhi

"""This House strongly condemns the move of the Lieutenant Governor to prevent the Teachers of Government schools of Delhi from being sent to Finland for training. The people of Delhi have elected a popular Government under the leadership of Chief Minister Sh. Arvind Kejriwal to work on education, health, electricity, water etc. If the Government elected by the full majority of the people of Delhi wants to provide world-class training to the Teachers of the Government schools of Delhi, and for this the budget has also been passed in this Assembly, then in such a situation, the Lieutenant Governor has no right under the Constitution that he should not allow Government school Teachers to go to Finland for training. Education is a transferred subject to the Delhi Legislative Assembly in the country's Constitution. In the context of Delhi, only three subjects – police, public order and land – have been reserved in the Constitution for decision-making by the Union Government. The Constitution Bench of the Hon'ble Supreme Court has also ruled that the elected Government of Delhi has the right to take decisions on the rest of the subjects except the above three reserved subjects related to Delhi. The Constitution Bench of Hon'ble Supreme Court in its judgment (dated 04 July 2018, para 284 (point number 17)), has clearly stated that : “There is no independent authority vested in Lieutenant Governor to take decisions save and except on matters where he exercises his discretion as a judicial or quasijudicial authority under any law or has been entrusted with powers by the President under Article 239 on matters which lie outside the competence of the Government of NCT.” In its order dated 04 July 2018, para 475 (point number 20), the Constitution Bench has further stated that : “The meaning of ‘aid and advise’ employed in Article 239AA(4) has to be construed to mean that the Lieutenant Governor of NCT of Delhi is bound by the aid and advise of the Council of Ministers and this position holds true so long as the Lieutenant Governor does not exercise his power under the proviso to clause (4) of Article 239AA. The Lieutenant Governor has not been entrusted with any Independent decision-making power. He has to either act on the ‘aid and advise’ of Council of Ministers or he is bound to implement the decision.” It is clear from the Constitution of provisions and the decision given by the Constitution Bench of the Hon'ble Supreme Court in this regard that the right to make decision pertaining to the education of the children of Delhi rests with the elected Government of Delhi. The Lieutenant Governor has not been provided any power in the Constitution to take a decision in this regard. Despite this, the move by the Lieutenant Governor to stop the Teachers from going to Finland is not only unconstitutional but also a violation of the order of the Hon'ble Spreme Court. It is unfortunate that the Hon'ble Lt. Governor violated the order of the Constitution Bench of the Hon'ble Supreme Court and has not followed the Constitution. This House agrees with the proposal of the Delhi Government that if we want to provide world class education to our children studying in schools, then for this we have to ensure that our Teachers also get world class training. Today, the education system of Finland is considered the best in the whole world. Countries around the world are taking inspiration from education reforms done in Finland to improve the quality of Government schools. This House supports the move of the Delhi Government to send Teachers of Delhi Government schools to Finland for training. At the same time, this House requests the Lieutenant Governor to refrain from violating the orders given by the Constitutional Bench of the Hon'ble Supreme Court in future and work in accordance with the provision of the Constitution and not interfere in the subjects that come under the jurisdiction of the elected Government of Delhi. """