Practical Difficulties In Administration Of Delhi Necessitated GNCTD Amendment Act 2021 : Centre Tells Supreme Court

Responding to Delhi Government's challenge to constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act 2021, the Union of India has submitted before the Supreme Court that the Parliament of India considered it expedient to enact amending act due to several instances of "practical difficulties and disruptions" over the last few years in the functioning of the NCT of Delhi owing to the Lieutenant Governor being kept in the dark regarding the decisionsThe Union of India has filed its counter affidavit in Delhi Government's writ petition which has sought directions to quash Sections 21, 24, 33, 44 of the Government of National Capital Territory of Delhi Act, 1991 as amended by the 2021 amendment Act. The amendment Act increases the powers of the LG 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. There is No vested right to continuity of law made by Parliament: CentreThe Union of India has submitted that Delhi Government's arguments in support of its contention that the amending Act of 2021 is contrary to the spirit of the 1991 Act are predicated upon an expectation that law which is favourable shall continue and law cannot be changed.The Centre has argued that there is no vested right to continuity of law made by Parliament, and the fact that certain provisions of law held the field since 1991 and have been followed for years to come under the unamended Act by itself cannot be the basis to challenge the validity of the amended provisions of the Amendment Act of 2021.Relying on the recent judgment in the case Noel Harper v. Union of India(which upheld FCRA amendments), the Centre has submitted that it is open for the Parliament to make modifications in the law on the basis of the experience gained during the implementation of the unamended provisions at the relevant time.No Cause Of Action Has Arisen In Favour Of Delhi Govt Granting It Right to File Writ Petition, Mere Prospect Not Sufficient To Strike Down Law: CentreAccording to the Union of India, the present challenge by the Delhi Government is not sustainable as no cause of action has arisen in favour of the Petitioner granting it a right to file the present writ petition challenging the vires of the Amending Act of 2021.It has been submitted that first principles of the law relating to writs and constitutional validity require that the petitioner calling in to question the validity of a legislative action must exhibit a personal infraction of its rights by the legislation.It has been argued that a cause of action will arise only when the provisions of the Act which were implemented, give rise to civil or evil consequences to the Petitioner. Therefore, it is well settled law that a adjudication of a vires challenge or even a constitutional question cannot be academic or in a vacuum as mere prospect of misuse is not sufficient to strike down the law.While calling the petition per se not maintainable, the Centre has submitted that even on merits a large part of the arguments advanced by the petitioner relates to a statement of objects and reasons passed by the Parliament in 1991.According to the Centre, while such statement of objects was relevant to understand the intent of the Parliament in the year 1991 and cannot possibly be extended to be of relevance or significance to understand the present scenario in 2021.Legislation Can Only Be Tested On Anvil Of Constitution & Not Any Other Legislation: CentreThe Union of India has submitted that the petitioner Delhi Government has attempted to deem the provisions of the 2021 Act as contrary to the 1991 Act, which has no basis in law, owing to the fact that a legislation can only be tested on the anvil of the constitution and not any other legislation.According to the Union, this technical deficiency strikes at the very root of the basis of challenge by the petitioner and must be kept in mind while adjudicating the maintainability of the present writ petition.Why Parliament of India considered it expedient to enact the GNCTD Amending Act of 2021: CentreAccording to the Centre, despite a constitutional bench comprehensively evaluating a scheme of governance for the NCT of Delhi, the administration continued to suffer on a daily basis due to lack of clarity in relation to the executive authority.Furthermore, the 2018 judgment highlighted certain shortcomings in the legislative scheme of Delhi for enabling Co-operative Governance, as highlighted in the 2018 judgment.Instances Of Practical Difficulties & disruptions & Lt Governor Being Kept In Dark About Decisions:The affidavit has stated that over the last few years, there were several instances of practical difficulties and disruptions in the functioning of the NCT of Delhi owing to the fact that the Lieutenant...

Practical Difficulties In Administration Of Delhi Necessitated GNCTD Amendment Act 2021 : Centre Tells Supreme Court

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