Government of NCT of Delhi (Amendment) Bill, 2021

  • The central government introduced the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 in the Lok Sabha. 
  • It will amend the Government of National Capital Territory of Delhi Act, 1991. 
  • It aims to "further define the responsibilities of the elected government and Lieutenant Governor (LG) in Delhi".

PROVISIONS

  • The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, proposes to amend Sections 21, 24, 33 and 44 of the 1991 Act.
  • The amendment to section 21 makes the expression 'Government' referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor (LG).
  • The Bill gives discretionary powers to the LG even in matters where the Legislative Assembly of Delhi is empowered to make laws.
  • It seeks to ensure that the LG is “necessarily granted an opportunity” to give her/his opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented.
  • The amendment also says that “Legislative Assembly shall not make any rule to enable itself to consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to the administrative decisions” (power under section 33).
  • The new amendment also asks the Delhi government to send its legislative proposals to the Lt. Governor at least 14 days in advance.

THE JUDGEMENT

  • In its 2018 verdict, the five-judge Bench had held that the LG’s concurrence is not required on issues other than police, public order and land.
  • It had added that decisions of the Council of Ministers will, however, have to be communicated to the LG.
  • The LG was bound by the aid and advice of the council of ministers.
  • The court also said that the status of the LG of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor”.
69th AMENDMENT
  • The 69th Constitutional Amendment Act of 1991, inserted Article 239AA to the Constitution. 
  • UT of Delhi redesignated as the National Capital Territory of Delhi. 
  • Administrator of Delhi designated as the Lieutenant (lt.) Governor. 
  • It also created a legislative assembly and a council of ministers for Delhi. 
  • Previously, Delhi had a metropolitan council and an executive council.
  • The assembly of Delhi can make laws on all the matters of the State List and the Concurrent List except the three matters of the State List: Public order, Police and Land. 
  • The laws of Parliament prevail over those made by the Assembly. 
  • The chief minister is appointed by the President (not by the Lt. Governor). 

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