The central government's notification giving Lt. Governor Najeeb Jung the final say in posting and transfer of Delhi government bureaucrats is "illegal and constitutional", former solicitor general Gopal Subramanium has said.
In his opinion that was sought by Delhi Chief Minister Arvind Kejriwal over the Narendra Modi government's decree, the senior counsel said: "It singularly lacks propriety when the president is still seized with the question."
"It is illegal and unconstitutional; and presumably, it has been issued without the requisite presidential approval," he added.
The nine-page opinion addressed to the chief minister was sent on Friday.
The home ministry on Thursday issued a notification saying that public order, land, police and services will be under the purview of the Lt Governor.
The decree was issued following an ongoing tussle between the AAP government and Lt Governor Najeeb Jung over the appointment and transfer of bureaucrats. Both had approached the president.
