BREAKING : Centre Notifies GNCTD Amendment Act Increasing Powers Of Delhi LG With Effect From April 27

The Central Government on Wednesday notified the Government of National Capital Territory of Delhi(Amendment) Act 2021, which enhances the powers of Lieutenant Governor of Delhi over the elected government of Delhi, with effect from April 27.The law gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the "Government of Delhi". It also provides that the opinion of the LG "shall be obtained" on all such matters as may be specified by the LG, before taking any executive action on decisions of the Council of Ministers of the Delhi Government.It is pertinent to note that the notification comes at a time when the Centre and Delhi Government are sparring against each other over issues related to COVID19 pandemic in the national capital, including the supply of medical oxygen in hospitals. The Parliament had passed the contentious bill on March 24. BREAKING : Central Government notifies the GNCTD(Amendment) Bill 2021 with effect from April 27. The amendment says that the "Government of Delhi" means the "Lieutenant Governor of Delhi".@CMODelhi @LtGovDelhi pic.twitter.com/FeeMDbWKWu— Live Law (@LiveLawIndia) April 28, 2021 Salient features of the Act The Act amends the GNCT of Delhi Act, 1991, a legislation that provides framework for functioning of the Delhi Legislative Assembly and re-defines Delhi Government as the Lieutenant Governor (LG). It curbs the Delhi Assembly's power to conduct its proceedings as per the rules of procedure made by it. It provides that the Rules made by the Delhi Legislative Assembly to regulate the procedure and conduct of business in the Assembly must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha. The Bill also prohibits the Legislative Assembly from making any rule to enable itself or its Committees to: (i) consider the matters of day-to-day administration of the NCT of Delhi and (ii) conduct any inquiry in relation to administrative decisions. Further, any provision in force having the above said effect will be void. Further, the Bill provides that the opinion of the LG must be obtained before taking any executive action on decisions of Delhi Government, on such matters as may be specified by the LG. Comparison with Supreme Court Constitution Bench judgment This last leg of the Bill, requiring the Government to mandatorily seek the Lieutenant Governor's opinion on the matters so specified by him may be contrasted with the observations made by the Supreme Court in GNCT of Delhi v. Union of India & Anr. (commonly known as Delhi v. LG case). Delineating the boundaries of power between the Lieutenant-Governor and Delhi Government in the said judgment, the Supreme Court had held that the LG cannot interfere in each and every decision of the Delhi Government, and that the LG is bound by the aid and advise of the Council of Ministers of the Delhi Government, except in matters of land, police and public order. The Constitution Bench comprising of then CJI Dipak Misra, Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan had ruled that "LG is an administrative head in the limited sense, and is not a Governor. He is bound by the aid and advise of NCT Government in areas other than those exempted", The Top Court had observed that the elected representatives and the Council of Ministers of Delhi, being accountable to the voters of Delhi, must have the appropriate powers so as to perform their functions effectively and efficiently. It was held that the Parliamentary form of government is based on principle of "collective responsibility" of the cabinet. "If a well deliberated legitimate decision of the Council of Ministers is not given effect to due to an attitude to differ on the part of the Lieutenant Governor, then the concept of collective responsibility would stand negated," the Supreme Court had held. The Constitution bench added that the real purpose behind the Constitution (Sixty-ninth Amendment) Act, 1991, which inserted Section 239AA (Special provisions with respect to Delhi) and paved way for setting up an elected Government in the Union Territory was "to establish a democratic setup and representative form of government wherein the majority has a right to embody their opinion in laws and policies pertaining to the NCT of Delhi subject to the limitations imposed by the Constitution." It was held that to realize this real purpose, it is necessary to give a purposive interpretation to Article 239AA so that the principles of democracy and federalism which are part of the basic structure of the Constitution are reinforced in NCT of Delhi in their truest sense. "The exercise of establishing a democratic and representative form of government for NCT of Delhi by insertion of Articles 239AA and 239AB would turn futile if the Government of Delhi that enjoys the confidence of the people of Delhi is not able to usher in...

BREAKING : Centre Notifies GNCTD Amendment Act Increasing Powers Of Delhi LG With Effect From April 27

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