The Bill:
The Government of NCT of Delhi (Amendment) Bill, 2021, introduced in Lok Sabha on 15 March and passed on 22 March. And The Government of NCT of Delhi (Amendment) Bill, 2021, passed in the Rajya Sabha on 24 March.
So the bill opposed by some opposition parties in the Rajya Sabha because they believe that it is unconstitutional. And the opposition parties claim that it enhances powers of Lieutenant Governor and lowers the powers of the Government of Delhi (NCT).
Amendments Introduced by the Bill:
The Government of NCT of Delhi (Amendment) Bill, 2021, amends principal Act (The Government of NCT of Delhi Act, 1991). And it amends the following sections of the principal Act, namely sections 21, 24, 33 and 44.
And now the term “Government” in any law of the Legislative Assembly shall mean the Lieutenant Governor of Delhi (NCT). So the bill prohibits Legislative Assembly to make any rule to deal with matters relating to day-to-day administrative actions of Capital.
And the Legislative Assembly of Delhi barred from making any rule so as to conduct inquiries regarding administrative decisions. If the Legislative Assembly has made any such rule then it shall be void after the commencement of this bill.
And the bill says Government has to take the opinion of Lieutenant Governor of Delhi (NCT) before taking any administrative actions. The matters for which opinion required shall be specified by the Lieutenant Governor by a General or Special Order.
Opposition calls NCT Bill Unconstitutional:
So the members of the opposition parties claims that The Government of NCT of Delhi (Amendment) Bill, 2021, is unconstitutional because it violates the provisions of the Constitution.
i) Arvind Kejriwal’s Remarks:
After the passage of the bill in the RS he twitted that it is a Sad day for Indian Democracy. He added work in Delhi will neither stop nor slowdown and will continue struggle to restore power back to people.
ii) Dr. Abhishek Manu Singhvi’s Remarks:
He opposed the bill because he believes that this is the most pernicious, most unconstitutional bill which this House has ever received.
iii) Prof. Manoj Kumar Jha’s Remarks:
Prof Manju Jha opposed the bill because he believes it is likely to be violative on two grounds, Firstly on Constitutional Parameters and Secondly on the Moral Principle.
iv) Sanjay Singh’s Remarks:
Sanjay Singh opposed the bill, termed it as unconstitutional, said this cannot be done without bring any constitutional amendment bill.
Government’s Reply:
i) G. Kishan Reddy’s Reply:
And he said this bill introduced to clear the ambiguities presented in The Government of NCT of Delhi Act, 1991. Further added that this bill does not take away any power from the Government of NCT of Delhi.
The Bill vs. The Supreme Court Judgement on the L.G. Issue:
Supreme Court in Government of NCT of Delhi v. Union of India pronounced its judgment on 4 July 2018. LG of Delhi had no independent decision-making powers and was bound to follow the “aid and advice”. He bound to follow the advice on all matters except those pertaining to police, public order and land.
But bill says Govt of Delhi bound to take the opinion of the L.G. on administrative matters. And for which matters opinion required shall be specified by the L.G. itself by a general or special order. This seems to be contrary to the views expressed by the S.C. Constitutional Bench in the said judgement.
What’s Next?
New Delhi [India], March 24 (ANI): Aam Aadmi Party (AAP) Rajya Sabha member Narain Dass Gupta had said on Wednesday said the party will approach the Supreme Court if the Upper House passes the Government of National Capital Territory of Delhi (Amendment) Bill, 2021.
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