Chief Minister’s promise to citizen is enforceable: Delhi High Court

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The Delhi High Court has ruled that a Chief Minister’s promise to citizens is clearly ‘enforceable’. The court has directed the AAP government to decide if the state would pay for the poor tenant who was unable to pay rent during the Covid pandemic, as promised by chief minister Arvind Kejriwal, according to a report in The Hindustan Times.

The HC has said that the AAP government must frame a policy based on Kejriwal’s promise that intends to benefit the poor tenant. The decision in this regard is to be taken within six weeks.

The court said it is the duty of the Delhi government to take a stand on the implementation of the promise being made to its citizens.

“It is not the positive decision making which is arbitrary, but the lack of decision making or indecision which this court holds to be contrary to law,” Justice Prathiba M Singh said.

On March 29, 2020, Kejriwal held a press conference in which he requested all landlords to postpone the demand of rent from those tenants who were unable to pay.

Verdict

“A statement given in a consciously held press conference, in the background of the lockdown announced due to the pandemic and the mass exodus of migrant labourers, cannot be simply overlooked. Proper governance requires the government to take a decision on the assurance given by the CM, and inaction on the same cannot be the answer,” the court said.

As per the court ruling the government has failed to respond over its indecision.

“The promise/ assurance/ representation given by the CM clearly amounts to an enforceable promise, the implementation of which ought to be considered by the government. Good governance requires that promises made to citizens, by those who govern, are not broken without valid and justifiable reasons,” the court said.

“In a democratic setup, persons who hold an elected office and especially heads of government, heads of State and those holding responsible positions are expected to make responsible assurances to their citizens, especially in times of crisis and distress,” the 89-page verdict by the court added.