Mains Marathon

Approach

• Start your answer by mentioning the Government of National Capital Territory of Delhi (Amendment) Act.
• Discuss the features of the Government of National Capital Territory of Delhi (Amendment) Act.
• Discuss the issues raised by the Government of National Capital Territory of Delhi (Amendment) Act.
• Conclude your answer by giving a Way forward.

Answer

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 amends the Government of National Capital Territory of Delhi Act, 1991. The Act provides a framework for the functioning of the Legislative Assembly and the government of the National Capital Territory (NCT) of Delhi.

The Bill amends certain powers and responsibilities of the Legislative Assembly and the Lieutenant Governor.

Features of the Government of National Capital Territory of Delhi (Amendment) Act (GNCTD) 2021:

Restriction on laws passed by the Assembly: The Bill provides that the term “government” referred to in any law made by the Legislative Assembly will imply Lieutenant Governor (LG).

Rules of Procedure of the Assembly: The Act allows the Legislative Assembly to make Rules to regulate the procedure and conduct of business in the Assembly. The Bill provides that such Rules must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha.

Inquiry by the Assembly into administrative decisions: The Bill 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, the Bill provides that all such rules made before its enactment will be void.

Assent to Bills: The Act requires the LG to reserve certain Bills passed by the Legislative Assembly for the consideration of the President. These Bills are those:

(i) which may diminish the powers of the High Court of Delhi,

(ii) which the President may direct to be reserved,

(iii) dealing with the salaries and allowances of the Speaker, Deputy Speaker, and members of the Assembly and the Ministers, or

(iv) relating to official languages of the Assembly or the NCT of Delhi.

The Bill requires the LG to also reserve those Bills for the President which incidentally cover any of the matters outside the purview of the powers of the Legislative Assembly.

LG’s opinion for executive actions: The Act specifies that all executive action by the government, whether taken on the advice of the Ministers or otherwise, must be taken in the name of the LG. The Bill adds that on certain matters, as specified by the LG, his opinion must be obtained before taking any executive action on the decisions of the Minister/ Council of Ministers.

Issues raised by the GNCTD 2021

• 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 ‘Cooperative Federalism: In addition to undermining cooperative federalism, the Act also contradicts the guiding principles established by the Supreme Court in 2018
• Centralization of power: The Act Favours transferring actual power from the representative government to the appointed LG.
• It is against the SC Verdict. In the People's Union for Civil Liberties case from 2002, the SC ruled that the legislature has the authority to overturn the court's ruling. It can only alter the legal foundation for the court's decision and create a general law.
• The Act was passed without referring to the select committee of the house.

Way Forward

Proper consultation: The Act was passed without having any proper consultations, which raises the question of the credibility of its enactment. In democracy the debates and discussion form the essence of democracy, hence it should have been discussed properly.

Ensure Flexibility: The Central Government should not try to impose herself on the State Governments and should give them flexibility in their operations

Judgement of the Supreme Court: The govt should apply the supreme judgment in this case.

• 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.
  • Any differences between them should be resolved keeping in view the constitutional primacy of representative government and cooperative federalism

Taking States into confidence: The central govt should take states into confidence and build a consensus on issues like these before going for the finalization of a decision.