Clash between Delhi Government and the LG?

What’s in today’s article?

• About CCRGA (Origin, Purpose, Guidelines by the SC)
• About the Present Controversy

Why in News?

• Delhi Lieutenant-Governor (L-G) Vinai Kumar Saxena has directed Chief Secretary Naresh Kumar to implement a 2016 order of the Committee on Content Regulation in Government Advertising (CCRGA).

About Committee on Content Regulation in Government Advertising (CCRGA):

• The CCRGA was formed by the Union Ministry of Information and Broadcasting in April, 2016.
  • It was formed on the directions of the Supreme Court in its judgment in the Common Cause vs. Union of India case (2015).
• The body is set up to regulate the content of Central and State government advertisements in all media platforms.
• The SC had also mandated States to constitute their own respective bodies.
• While some States have set up committees to regulate public advertising content, some have given consent to the CCRGA to monitor their advertisements.

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Major Guidelines of the Supreme Court:

• The SC, in its order in 2015 had also issued a set of guidelines for public-funded advertising by governments.
• Some of the guidelines mentioned include that government advertising should –
  • maintain political neutrality,
  • avoid glorification of political personalities,
  • projecting a positive impression of the party in power,
  • projecting a negative impression of parties critical of the government.
• The advertisements should not be used at patronising media houses.

What is the present controversy?

• In 2016, the CCRGA issued notices to the Delhi government on allegations of violation of the SC-mandated guidelines in publishing advertisements.
• Delhi Government’s Response –
  • In its response, the Delhi government informed the CCRGA that it was going to form a committee of its own as per the 2015 order of the SC.
    • SC order mandated that States have to set up their own respective bodies to regulate government advertisements’ content.
• However, the Delhi High Court ruled in August, 2016 that Union Territories are not authorised to constitute their own committees and will therefore, come under the jurisdiction of the CCRGA.
• The CCRGA, after its investigation, passed an order that a number of Delhi government advertisements had violated the guidelines on various fronts.
  • The committee also directed the Delhi government Directorate of Information and Publicity (DIP), which issues government campaigns, to identify specific advertisements, quantify the money spent on them, and recover it from the Aam Aadmi Party (AAP).
  • After quantifying an amount of approx. Rs. 97 crores spent on these advertisements, the DIP in 2017 had directed AAP convener and Delhi Chief Minister Arvind Kejriwal to pay Rs. 42 crores to the State exchequer immediately.
  • The remaining amount shall be paid within the next 30 days.
• However, even after 5 years since the DIP passed the order, the AAP has not paid the above mentioned amount.

What is Delhi Government’s Response?

• The party, since forming the government in 2015, has been defending its spending on advertisements stating that it is for public knowledge of different government schemes and various awareness campaigns.

Q1) Which Article gives special provision to Delhi?

Article 239AA of the Constitution created special provisions for Delhi. First, it provided that the ‘Union Territory of Delhi’ would henceforth be known as the ‘National Capital Territory of Delhi’ (NCT). The administrator of the NCT would be the ‘Lieutenant Governor’ (LG).

Q2)  Who appoints LG of Delhi?

The Lieutenant Governor of Delhi is appointed by the President of India., as an agent of the President and head of state like the governor, on the advice of the Central government.

Source: Explained | What is the latest clash between AAP and the Delhi L-G?