The constitutional validity of appointment of the Commission of Inquiry by the Delhi government is now being questioned by some legal experts. A number of reports claim that the panel is set to examine the rumored irregularities in the Delhi and District Cricket Association (DDCA).
According to The Hindu, the Delhi government's move is of "bias and political vendetta" instead of serving public interest with lawful enforcement. The Union home ministry may also declare it as null and void, as the city government lacks competence to appoint an inquiry to DDCA.
Meanwhile, the DDCA has been the center of political dispute with Chief Minister Arvind Kejriwal blaming Union Finance Minister Arun Jaitely of misconduct at the time he headed the body for over a decade.
Former Solicitor-General Gopal Subramanium, heads the Commission after the government appointed the panel under the Commission of Inquiry Act 1952. He said that the terms of reference were set to achieve objectivity and fairness. Also, he added that the panel was formed with provisions in the Constitution.
However, Justice R.S. Sodhi, disagrees with what Subramanium has claimed. He believes that the Delhi government does not have the power to order such probe. This is because DDCA is just a corporation registered under the Companies Act.
Furthermore, Justice Sodhi wonders why Subramanium was justifying the panel's legality and even asking for officers to the National Security Adviser. He thinks that the true agenda of the commission was political feud, rather than to safeguard the DDCA.
On the whole, former Lok Sabha Secretary-General P.D.T. Achary states that the Delhi government still has the power to appoint the commission. He said that "Under the Constitution, Delhi is considered almost a State and sport is a State subject, in which an inquiry can be ordered." Thus, the decision will still be up to the government of Delhi.
