After Atishi's objection, speaker affirms Delhi Assembly panel can examine CAG reports
New Delhi: Days after leader of the opposition
Atishi
questioned the powers of the public accounts committee (PAC) to examine the reports of Comptroller and Auditor General, speaker
Vijender Gupta
said any irregularity that might have caused a loss to the exchequer could be examined by the assembly, which sanctioned it, and the panel was its extension.
In a letter to the former chief minister, Gupta referred to Practice and Procedure in Parliament, a treatise that summarises the main functions of PAC, and said the committee "examines cases involving losses, nugatory expenditure and financial irregularities". He added that PAC was an extension of the assembly, which examines all such issues.
Atishi wrote to the speaker earlier this month, stating that PAC of Delhi Assembly cannot examine the three CAG reports on liquor supply, public health and vehicular air pollution, which were tabled in the house during the first session after the formation of BJP govt and were referred to the panel after a discussion among the MLAs.
The AAP functionary also mentioned in her letter that following the amendment of GNCTD Act, the assembly couldn't make any rule to enable itself or its committees to consider the day-to-day administration of the capital or conduct inquiries in relation to administrative decisions. "For all practical purposes, this amendment takes away all powers of assembly committees," Atishi claimed.
She added that the rules of procedure and conduct of business in National Capital Territory of Delhi also limited the roles of PAC to the examination of appropriation of accounts of the capital and CAG reports thereon.
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"However, the three reports currently before PAC are not regarding appropriation accounts of NCT of Delhi. In fact, these reports concern themselves with policy matters and day-to-day administrative decisions taken by NCT of Delhi," the Kalkaji MLA said in her letter, adding that the CAG reports couldn't be "examined, inquired into, and a report prepared on them, when GNCTD Act expressly forbids" it.
Responding to the letter, Gupta said Atishi's interpretation of the rules was "bereft of any merit".
"In fact, it is the constitutional obligation of the CAG to present its reports to the assembly and for PAC and COGU (committee on govt undertakings) to examine it. Any irregularity, which has caused or may have caused loss to the exchequer, can be examined by the assembly, which sanctioned it," the speaker wrote.
He added that the rules of procedure also empowered all committees to "examine and submit" reports on matters that were not directly connected.
"The committees will dutifully dispose of their legislative obligations as laid down by the Constitution. The existing powers of the committees, within the boundaries of the Constitution and GNCTD Act, are sufficient to fulfil their duties, and there need be no apprehension that the committee will be handicapped in its working," Gupta stated in the letter.
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