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Recently, the Ministry of Home Affairs (MHA) has introduced the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 in Lok Sabha, which gives more discretionary powers to the Lieutenant Governor (L-G) of Delhi.
About the Amendment Bill
- It proposes to amend Sections 21, 24, 33 and 44 of the 1991 Act.
- The amendment to Section 21 seeks to clarify the expression “Government”, which in the “context of legislations to be passed by the Legislative Assembly of Delhi” shall mean the L-G of the NCT of Delhi “consistent with the status of Delhi as a Union Territory to address the ambiguities in the interpretation of the legislative provisions.”
- The amendment to Section 24 says that the L-G will not assent any bill passed by the Delhi Assembly that “covers any of the matters which falls outside the purview of the powers conferred on the Legislative Assembly.”
- The amendment to Section 33 will insert a clause that rules made by the Legislative Assembly of Delhi shall not be inconsistent with the Rules of Procedure and Conduct of Business in the House of People.
- It says that the Legislative Assembly shall not make any rule to enable itself or its Committees to consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to the administrative decisions and any such rules made before the commencement of the Act shall be void.
- With regard to Section 44, the amendment holds that there is no structural mechanism for effective time-bound implementation of the said Section.
- Section 44 deals with conduct of business and says that all executive actions of the L-G, whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the L-G.
- Further, there is no clarity as to what proposal or matters are required to be submitted to Lieutenant Governor before issuing order thereon.
Rationale Behind the Step
- It gives more discretionary powers to the L-G of Delhi.
- It seeks to ensure that the L-G is granted an opportunity to give her/his opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented, under the clause (4) of article 239AA.
- It will also ensure that the LG is granted an opportunity to exercise the power entrusted under clause (4), in a select category of cases.
- It will promote harmonious relations between the legislature and the executive.
- It will further define the responsibilities of the elected government and the L-G, in line with the constitutional scheme of governance of Delhi, as interpreted by the Supreme Court (SC).
- The Supreme Court (SC) in a July 2018 judgment and a February 2019 judgement has interpreted the provisions of Article 239AA relating to the structure of governance in the NCT of Delhi.
Legislation and Powers of Delhi Legislature
- Delhi is a Union Territory with a legislature and it came into being in 1991 under Article 239AA of the Constitution inserted by the Constitution (Sixty-ninth Amendment) Act, 1991.
- Article 239AA: The Council of Ministers will aid and advise the L-G in matters where the Legislative Assembly has the power to make laws except where the L-G can exercise discretion.
- As per the existing Act, the Legislative Assembly of Delhi has the power to make laws in all matters except public order, police and land.
