The Government of National Capital Territory of Delhi (Amendment) Act, 2021 (or the GNCTD Amendment Bill) was enacted by the Government of India on 28 March 2021. This new act is an amendment to the Government of National Capital Territory of Delhi Act, 1991.
As per the act, the centrally appointed Lieutenant Governor of Delhi has primacy, and the elected Government of Delhi is a subsidiary.
As per the amendment, the elected government will now have to seek the opinion of the Lieutenant Governor for any executive action. Lok Sabha passed the Government of National Capital Territory of Delhi Amendment Bill 2021.
Which in effect makes the “Lieutenant Governor” the government of the national capital?
Delhi is a Union Territory, but unlike other UTS, the elected government of the national capital had some more powers when it came to administration.
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What is the Government of National Capital Territory of Delhi Amendment Bill, 2021 (GNCTD Amendment Bill 2021)?
The Congress government enacted the GNCTD Act in 1991. Delhi was made a Union Territory with an assembly with “limited legislative powers”. With the GNCTD Amendment Bill 2021, the “Lieutenant Governor” will be the “government” in Delhi.
It is also mandatory for the elected party to get permission from the lieutenant governor before any executive action.
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Union Minister of State for Home G. Kishan Reddy said the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, has become necessary as there has been ambiguity in certain issues related to the functioning of the Delhi government and several cases were also filed in courts.
Reddy also said that the Lieutenant Governor (L-G) is an administrator. So he has the right to know the day-to-day affairs. “We have not snatched any power from the Delhi government, nor we have given any additional power to the L-G,” he further added.
This act would mean that the nominated administrator, the Lieutenant Governor, would mean the government but not the elected representatives or the Executive would mean the Government of NCT.
As per the General Clauses Act, of 1897, the President and the Governor are the titular heads of central and state government, respectively.
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Delhi is a Union Territory with some unique features. Hence the centre explains Delhi is not a full-fledged state. Centre does not feel anything wrong in expressing the Lieutenant Governor as interchangeable with the government as the LG is a centrally appointed administrator.
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How will Government of National Capital Territory of Delhi Amendment Bill, 2021 (GNCTD Amendment Bill 2021) Effect?
This act has called for four major changes. First would be the expression Government referred to in any law to be made by the Legislative Assembly shall henceforth mean the Lieutenant Governor.
The second Conduct of business in the Delhi Legislative Assembly will have to be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha.
The third change would be The Delhi Legislative Assembly shall not make any rule to enable itself or its Committees. To consider the matters of the day-to-day administration of the Capital or conduct inquiries about the administrative decisions.
Any of the rules made in contravention of this proviso, before the commencement of the GNCTD Amendment Bill, 2021. Shall be void, and the fourth change is before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister.
To exercise powers of Government, the opinion of the L-G shall be obtained on all such matters by a general or special order by the L-G.
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Criticism of Government of National Capital Territory of Delhi Amendment Bill, 2021 (GNCTD Amendment Bill 2021)
Several legal and constitution experts, such as former Lok Sabha secretary general PDT Achary, Nalsar University of Law vice-chancellor Faizan Mustafa, Congress MP and senior advocate Abhishek Manu Singhvi, and many others, say that the Centre’s argument to justify the new definition of government in Delhi is problematic.
These people believe that it is not binding for the LG to act on by-laws, policies, and schemes adopted by the Delhi Assembly or proposed by the state’s council of ministers.
If political instability or some other situation warrants, then the implementation of the President’s Rule in Delhi is applicable.
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L-G would not be able to recommend this to the President since he will constitute the government. But not there, and not the elected representatives.
The 2018 SC judgment had said about the responsibility of the State, the Centre and the L-G: “The Constitution has mandated a federal balance wherein independence of a certain required degree is assured to the State Governments.
As opposed to centralism, a balanced federal structure mandates that the Union does not usurp all powers and the States enjoy freedom. Without any unsolicited interference from the Central Government concerning matters which exclusively fall within their domain.”
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Setback for Elected Party with Government of National Capital Territory of Delhi Amendment Bill, 2021 (GNCTD Amendment Bill 2021)
Critics of the amendment, Opposition politicians, several legal luminaries and votaries of federalism have unanimously dubbed the amended law as unconstitutional.
Now elected in Delhi, Kejriwal’s Aam Aadmi Party claims that the BJP-led central government has brought the new law out of retaliation as the saffron party lost three consecutive assembly polls in Delhi to AAP.
The amendment of the law is a setback to the Aam Aadmi Party government led by Arvind Kejriwal. They had been calling for full statehood for Delhi, which was supported by the BJP before 2014.
Ever since coming to power in Delhi in December 2013, Kejriwal has had a long history of run-ins with the LG.
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LG-Delhi Government Hussle
In the tussle for the government between LG and Kejriwal party, then LG Najeeb Jung in July 2015 said “I am the government here.”In a letter to the CM, Jung had written that “The constitutional definition of ‘government’ is the Lieutenant Governor.”
Kejriwal continues to have power fights with Anil Baijal, whom he accuses of acting on behalf of the Central government.
After they passed the Bill in Lok Sabha, Arvind Kejriwal said on Twitter, “Passage of GNCTD Amendment Bill in Lok Sabha today is an insult to the people of Delhi”.
The Bill effectively takes away powers from those who were voted by the people and gives powers to run Delhi to those who were defeated. BJP has cheated the people.”
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Now ruling party, AAP has been opposing the Bill since the Bharatiya Janata Party (BJP) led Centre said it will present it in the Lower House of Parliament.
To oppose the Centre’s move, the AAP had protested at Jantar Mantar. Delhi Chief Minister Arvind Kejriwal had accused the BJP of trying to run the Delhi government by proxy.
Kejriwal had then raised a few questions: What would happen to the people of Delhi? What would happen to the Chief Minister? Why were the elections held?
One big objection to the Act, which led to the AAP’s protests, was that the LG’s opinion would have to be sought on decisions taken by the ministers.
The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, enhances the powers of the LG, which represents the Centre, in comparison to the national capital’s elected government.
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