The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, recently introduced in the Lok Sabha on March 15, has evoked strong comments from the media as well as experts.
It is very surprising that after a constitution bench of the Supreme Court in 2018 settled the constitutional issues relating to the relationship between the Delhi government and the Union government in matters of governance, parliament has been called upon to amend the Act to unsettle this relationship.
The LG either has to act on the aid and advice of council ministers. Or, he has to implement the decision of the President on the matters referred to him.
The ‘aid and advice’ clause applies to the matters on which the Delhi Assembly has powers under the State and Concurrent Lists. This comes with an exception of public order, police, and land.
Wherever there are differences between the L-G and the elected government, the L-G should refer the question to the President.
Further, different judgments have clarified that the power to refer “any matter” to the President does not mean “every matter”.
This bill completely undermines the Court’s efforts. The judgment strengthened the elected government in relation to Lieutenant Governor.
The Government of National Capital Territory of Delhi Act, 1991 was enacted by parliament as a legislative measure to give effect to the provisions contained in Article 239AA.
The NCT amendment bill states all references to the government in the bills and orders would mean the LG. It is irrational to declare LG as the government, in the UT with an elected House.
The provision to Article 239AA empowers L-G to refer the matter to the President, in case of difference of opinion. However, this does not mean that the administrator should come up with a different opinion on every government decision.
Tnstead of Parliament identifying the matters on which the L-G’s opinion should be required, the Bill proposes that the L-G himself would specify such matters.
This bill amounts to a rollback of representative government. The Union Territory concept is one of the many ways in which India regulates relations between the Centre and its units. It should not be used to undermine the basis of electoral democracy.
The committees of the Delhi assembly including the Public Accounts Committee, the Public Undertaking Committee etc. will cease to exist as the rules under which they are set up will become void because these committees scrutinise, inquire into or investigate the decisions of the government.
The LG, who will be the government, is under no obligation to implement any law passed by the assembly or carry out the directions of the house as he is not responsible to the assembly.
The elected government of Delhi will wait endlessly for the LG’s opinion without being able to execute their decision. So, the decisions of the cabinet or of the ministers will mostly remain on paper only. Thus, the government will become non-functional.