The Delhi Assembly today passed a resolution seeking financial powers for the Speaker over the hiring and paying lawyers for litigations in courts, amid a recent trend by bureaucrats moving courts against the House committees' decision.
The resolution, moved by Aam Aadmi Party MLA Madan Lal, was described by his party legislators as a step for "safeguarding independence of the legislature".
Speaker Ram Niwas Goel rued that the payments of advocates representing the Assembly in courts have not been cleared by officers even after two years in several cases, including those filed by bureaucrats against the House panel decisions.
Any violation of the resolution will be treated as "contempt of the House and breach of privilege of the House", it stated.
Deputy Chief Minister Manish Sisodia assured that the government would provide sufficient funds to the Assembly, even as opposition BJP MLA M S Sirsa said there is no point of such resolution.
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There is no provision in the existing law which gives legislature power to appoint their lawyers and make their payment, Sirsa said.
The move comes at a time when a number of officers, including Chief Secretary Anshu Prakash, have moved the court seeking relief from action to be taken by the Assembly committees.
Talking about the need for the resolution, the Speaker said, "I have written to the law minister to allow the Assembly to hire lawyers to fight court cases, but their fees have not been made even after two years."
"I had also sent the files to the chief secretary... but the executive has created hurdles."
During a discussion on the resolution, AAP MLA Saurabh Bharadwaj said that the Delhi Assembly is above the government and the officers.
"If Assembly committees proceed action against corrupt officers, they move court and are also provided lawyers by the Lt Governor. But when the Assembly hires lawyers to fight the court cases, their fees is not released by officers... it is a conflict of interest.
"It seems an administrative mistake... The Assembly should have power to appoint their lawyers and give their fees," he said.
Bharadwaj said that whoever stops files pertaining to fees of lawyers of Assembly, privilege proceedings should be initiated against concerned officers.
BJP's Sirsa said that the resolution will "not yield any result" as there is no existing law which provides such power to the legislature, adding that instead of resolution, government should make a provision in the budget so that the Assembly's lawyers could get salary without any delay.
Replying to Sirsa's concern, Goel said that it (resolution) is not law.
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