Parliament Passes GNCTD Amendment Bill To Enhance Powers Of Delhi Lieutenant Governor

Amid massive furor and protest from the Opposition members, the Rajya Sabha on Wednesday passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2021. It was passed by the Lok Sabha on Monday.Rajya Sabha Deputy Chairman Harivansh Narayan Sigh declared the bill passed in a voice vote after a walkout by the opposition. Before the opposition walkout, the motion to consider the bill was passed with 83 'Ayes' and 45' Noes' and no abstentions. Following that, the opposition members walked out. The Bill seeks to enhance the powers of 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. The Opposition members voiced that the Bill will subvert the elected Government of Delhi by vesting overriding powers in the LG, who works at the instructions of the Centre, and will affect cooperative federalism. Delete "This is the most pernicious, most unconstitutional Bill which this House has ever received": Dr. Abhishek M Singhvi @DrAMSinghvi on Govt of #Delhi (Amendment) Bill 20201, which redefines Delhi Govt as LG.#RajyaSabha pic.twitter.com/suPoT92EgP— Live Law (@LiveLawIndia) March 24, 2021 They also opposed introduction of the proposed amendments by way of a simple Amendment Bill. It was stated that since Delhi has been conferred a special status under Article 239AA of the Constitution (Special provisions with respect to Delhi), any change in the powers of the Delhi Government should be brought by way of a Constitutional Amendment only. It was also alleged that the Bill is an attempt to circumvent the interpretation made by a Constitution Bench of the Supreme Court in the Delhi v. LG case, which held that the LG is an administrative head in the "limited sense" and that he is "bound by the aid and advise" of the Council of Ministers of Delhi Government, except in matters of land, police and public order. The Members said that by making implementation of the decision taken by the Council of Ministers of Delhi subject to the decision of the LG, the Central Government is overturning the 5-judge Bench judgment. Salient features of the Bill: The Bill seeks to amend 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...

Parliament Passes GNCTD Amendment Bill To Enhance Powers Of Delhi Lieutenant Governor

Akshita Saxena

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