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Synopsis

Vijender Gupta, a member of the Legislative Assembly, approached the Delhi High Court seeking directions against the Speaker of the Delhi Legislative Assembly to take all necessary and consequential action for the discharge of their Constitutional obligation under Article 151(2) of the Constitution of India, 1950 for summoning the special sitting of the Legislative Assembly and to table those reports before the Legislative Assembly of Delhi in a time bound manner. 
 
The plea highlighted that the Comptroller and Auditor General (CAG), as a constitutional authority, promote accountability, transparency, and good governance through independent and credible auditing. The CAG submits its audit reports to the Secretary of the Department of Finance, who forwards them to the Chief Minister/Finance Minister. 

However, Gupta noted delays of up to 497 days in reviewing and forwarding these reports. Fourteen reports were not tabled before the Lieutenant Governor (LG) of Delhi, preventing him from fulfilling his constitutional duty of presenting them to the Legislative Assembly. 

Aggrieved by the inaction, Gupta sought remedies through legislative mechanisms, including motions and protests, and eventually filed a writ petition in the Delhi High Court on October 25, 2024. The court issued notices to the respondents and granted three weeks for a reply, which was not submitted on time. This prompted the petitioners to seek an expedited hearing, leading the court to list the matter on December 2, 2024. Repeated delays and submissions resulted in multiple re-notifications of the case.

On December 11, 2024, the Government of NCT of Delhi admitted in an affidavit that the CAG reports were pending with the Chief Minister/Finance Minister. The LG received the reports on December 11 and 12, 2024, and promptly approved them for tabling before the Assembly. The High Court disposed of the petition on December 16, 2024, after the government assured the court of forwarding the reports to the Speaker within two to three days. Despite this assurance, the Speaker had not received the reports as of December 20, 2024, prompting further protests by the petitioners.

Gupta, represented by Advocates Neeraj and Satya Ranjan Swain, argued that the failure to submit 14 CAG reports to the LG and table them in the Legislative Assembly was illegal, violating constitutional and statutory obligations. The respondents’ non-compliance with their assurance to the court on December 16, 2024, constituted contempt of court. The speaker of the Delhi Legislative Assembly retained the reports for excessive periods, delaying their tabling and undermining transparency.

Despite directives issued on December 17, 2024, under Rule 289 of the Rules of Procedure and Conduct of Business, 1997, the reports were not forwarded to the Speaker. It was asserted that this violated transparency principles essential for good governance and eroded public trust in financial accountability. The respondents’ actions obstructed legislative scrutiny and contradicted their constitutional duty to ensure accountability in the use of public funds.

The petition emphasized that the CAG, established under Article 148 of the Constitution, was an independent body responsible for safeguarding public funds and submitting reports to the LG under Article 151(2). While the LG fulfilled his constitutional obligations, delays by the Chief Minister obstructed legislative scrutiny of critical governance issues. These delays coincided with impending elections and the Assembly's expiration in February 2025, necessitating judicial intervention to prevent further constitutional violations.

Case Title: Vijender Gupta v Government