Government of National Capital Territory of Delhi (Amendment) Bill, 2021

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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.

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.

About the Amendment Bill

• It proposes to amend Sections 21, 24, 33 and 44 of the 1991 Act.
• Restriction on laws passed by the Assembly
  • 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.”
• Assent to Bills
  • 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.”
• Rules of Procedure of the 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 (Lok Sabha).
  • 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.
• L-G’s Opinion for Executive Actions
  • With regard to Section 44, the amendment holds that there is no structural mechanism for effective time-bound implementation of the said Section.
  • Further, there is no clarity as to what proposal or matters are required to be submitted to L-G before issuing order thereon.
• Further, the Bill provides that all such rules made before its enactment will be void.

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.

Criticism

• It seeks to render the office of the Chief Minister a vestigial organ in the name of simplifying administration.

• It would snatch away from the residents of Delhi the accountability and answerability they sought from the elected representatives and hand them to a nominated official.
• The Bill seems to go against the federal principles of India and is a setback for popular representation.

Source: TH