The Government of NCT of Delhi Bill 2021- Explained, Pointwise

The Government of NCT of Delhi (Amendment) Bill 2021- Explained, Pointwise

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 or the NCT of Delhi (Amendment) Bill 2021 got introduced in Lok Sabha. It amends certain provisions related to the distribution of powers and responsibilities among the L-G (Lieutenant Governor) and the Delhi legislative assembly. The issue of power tussle between the L-G and the elected government of Delhi has come into the limelight again. It is because of the introduction of this bill.

Key-Features of the Bill

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

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.

The Bill prohibits the Legislative Assembly from making any rule to enable itself or its Committees to:

• consider the matters of day-to-day administration of the NCT of Delhi and
• conduct any inquiry in relation to administrative decisions.

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

• Which may diminish the powers of the High Court of Delhi
• Which the President may direct to be reserved
• Dealing with the salaries and allowances of the Speaker, Deputy Speaker, and members of the Assembly and the Ministers
• Relating to official languages of the Assembly or the NCT of Delhi.

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.

Implications of NCT of Delhi (Amendment) Bill

• Equating the L-G with the government simply undermines the legitimacy of the elected government thereby disrespecting representative democracy.
• Further, the bill goes against the spirit of the 2018 verdict. The provisions such as getting the compulsory opinion from the L-G are against the verdict.
• The NCT of Delhi (Amendment) Bill restricts the Delhi government from inquiring into executive matters. The Delhi assembly at present is examining multiple issues ranging from riots to the environment. This disregards the ideal of democracy conceived for the NCT of Delhi by Article 239AA of the Constitution.
• The NCT of Delhi (Amendment) Bill if passed would be a huge setback for Delhi’s quest for full statehood. As the L-G gets precedence to the Delhi government.
• The bill empowers L-G to specify certain matters on which his opinion must be taken. This can curtail the autonomy that any elected government legitimately requires for governance.
• Providing excess powers to L-G can also distort the federal equilibrium. The centre can use this bill as a precedent to curtail the powers of other states in the future.