GNCT of Delhi Amendment Bill 2021 and Supreme Court’s Verdict
The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 was introduced in the Lok Sabha has evoked strong comments from the media as well as experts. This Bill contains amendments that will enhance the powers of the lieutenant governor (LG) of Delhi and further hobble the elected government (led by the Aam Aadmi Party) and emasculate the assembly. The Centre’s Bill is trying to amend the law that relates to the governance of the National Capital Territory of Delhi. The bill claims that its aim is to implement the Supreme Court judgments on Delhi’s governance structure.
Supreme Court’s 2018 verdict on the matter
- 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.
- In the Government of NCT of Delhi vs Union of India and Another in 2018 case, the SC held that The government was not under obligation to seek the concurrence of the L-G on its decisions and that any differences between them should be resolved keeping in view the constitutional primacy of representative government and cooperative federalism.
- Essentially, the SC judgment made it extremely difficult for the L-G to refer such matters to the President.
Issues with the NCT amendment bill
The 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.
Instead 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.
Criticism of the NCT amendment bill
- The latest amendment will greatly reduce the efficiency and timeliness of the Delhi government by making it imperative for it to hold consultations with the L-G even when a situation demands urgent action.
- Significantly, the L-G is not obliged to give his opinion to the State government within a time frame. Critics argue that the L-G could politically exploit these unbridled powers to hamper the government’s administrative work and thus turn the political tides against the incumbent if he so desires.
- It is against the spirit of ‘Federalism.”
