The Parliament on March 24 approved the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 giving primacy to Delhi’s lieutenant governor (LG) over the elected government.

The Bill which seeks to make it clear that “the government” in Delhi means the “lieutenant governor” was passed by Lok Sabha on March 22.

The Aam Aadmi Party said it was planning to approach the Supreme Court against the legislation.

What are the features of the Bill?

• The Government of National Capital Territory of Delhi Act, 1991 was enacted to supplement the provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi and for matters connected therewith.

• The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 seeks to better define the powers of the lieutenant governor of Delhi. 

• The Delhi government will now have to seek the opinion of the lieutenant governor before any executive action after the passage of GNCTD Bill.

• The amendments give more powers to the LG and prescribe timelines for the elected government to send legislative and administrative proposals to the LG for his opinion.

• When a Bill has been passed by the Legislative Assembly, it shall be presented to the lieutenant governor and the lieutenant governor shall declare either that he/she assents to the Bill or withholds assent or reserves the Bill for the consideration of the President.

• The 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 national capital or conduct inquiries in relation to the administrative decisions.

Delhi power tussle

• In June 2018, Kejriwal and his Cabinet ministers had staged a sit-in at the lieutenant governor’s office as a power tussle between the then lieutenant governor and the AAP government had intensified.

• The Supreme Court had in July 2018 ruled that the lieutenant governor cannot interfere in every decision of the Delhi government and that he must act on aid and advice of the council of ministers.

• The Constitution Bench of the Supreme Court, in its judgment, interpreted the provisions of article 239AA of the Constitution relating to the structure of governance in the National Capital Territory of Delhi.

• The Centre has maintained that the amendment Bill is in line with the Supreme Court’s ruling on the ambit of powers of the lieutenant governor and the Delhi government after a series of run-ins between the two.

• Defending the Bill, Union Minister of State for Home Affairs G. Kishan Reddy asserted that the amendments have been brought to address certain ambiguities in the 1991 law and rejected allegations that it was an attempt to usurp the powers of the elected government.

• Reddy said the amendments will lead to transparency and clarity in governance in NCT Delhi and enhance public accountability.

• The ruling AAP government said that the legislation is against the spirit of the judgment of the apex court with regard to division of powers in the NCT of Delhi.

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