President Ram Nath Kovind gave his assent to the National Capital Territory of Delhi (Amendment) Bill, 2021 on March 28, 2021. The amendment bill was earlier passed by Rajya Sabha after a walkout by AAP, Congress, and other opposition parties on March 24, 2021,
In Lok Sabha, the bill was passed on March 22, 2021. The latest bill amends the Government of National Capital Territory of Delhi Act, 1991 which provides a framework for the functioning of the Government of Delhi and the Legislative Assembly.
The amendment bill was passed in the Lower House of the Parliament after a reply to the debate by G Kishan Reddy, Minister of State for Home Affairs. It amends certain power and responsibilities of the Lieutenant Governor of Delhi and Legislative Assembly.
The bill that has been passed by the Parliament entails that the term ‘government’ referred to in any law made by the Legislative Assembly will imply the Lieutenant Governor.
What will be the key changes? |
| • The amendment bill aims at ensuring that the LG of Delhi is necessarily granted an opportunity to exercise the power in the select category of the cases, in an emergency. • The bill gives power to the Lieutenant Governor to make rules in matters that fall outside the purview of the elected government in Delhi. • The amendment bill also has a provision that all the actions by the executive will be expressed to be taken in the name of LG. • The opinion of the Lieutenant Governor of Delhi shall be obtained before the state government takes any form of executive action based on the decisions taken by an individual minister or cabinet. |
What is the National Capital Territory of Delhi (Amendment) Bill, 2021?
Centre claims that, in the ‘statement of objects and reasons’ section, the passed amendment bill seeks to further define the responsibilities of the elected government in Delhi and the LG in line with the constitutional schemes.
The amendment bill essentially gives effect to the former LG of Delhi Najeeb Jung’s assertion that the ‘Government means the LG of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA’.
Why the state government objects the latest amendment bill?
The current elected government in Delhi, Aam Aadmi Party, was engaged in a constant battle with the Central government over various policy decisions and the powers of the Lieutenant Governor.
However, the dispute over the distribution of power between the government and LG was taken to the Supreme Court, which favoured the elected government through its July 4, 2018 verdict and gave the government a freer hand in terms of the policy decisions.
| But now with the latest amendment, the state government fears that it will take away its autonomy and the dream of full statehood for the state, which each political party contesting the elections promised the electorate at various times. |
How the Central Government defends the amendment?
During the discussion, G. Kishan Reddy, the Minister of State for Home Affairs clarified that the bill aims at encouraging harmonious relations between the elected government and LG of Delhi.
He further added that the amendment bill does not seek to take away any powers of the elected government of Delhi and nor give any form of additional powers to the LG.
| The Minister of State for Home Affairs during the debate reminded that Delhi is the Union Territory where the Legislative Assembly has only limited powers and in originality, the government has to keep consulting the Governor as the administrator. |
Government of National Capital Territory of Delhi Act, 1991:
The current status of Delhi as the UT is because of the GNCTAD Act, 1991. It was passed to supplement the constitutional provisions related to the Assembly and the Council of Ministers in the Capital of India.
For all the practical purposes, the act clearly outlines the powers of the Assembly, the powers enjoyed by the Lieutenant Governor, and the duties of the CM of the state with respect to the need to provide information to the Governor.
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