GNCT of Delhi (Amendment) Bill, 2021 is against the Principle of Federalism

GNCT of Delhi (Amendment) Bill, 2021 is against the Principle of Federalism

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, introduced in the Lok Sabha has evoked strong comments from the media as well as experts.

Background of the Case

The GNCT of Delhi Act was enacted in 1991 to “supplement provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi”.

It enabled the process of an elected government in Delhi.

The Supreme Court had in the past appreciated the 1991 developments, stating that the real purpose behind the Constitution (69th Amendment) Act, 1991 is to establish a democratic set-up and representative form of government wherein the majority has a right to embody their opinions in laws and policies pertaining to the NCT of Delhi subject to the limitations imposed by the Constitution.

About the GNCT of Delhi (Amendment) Bill, 2021

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

Rules of Procedure of the Assembly: 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.

Inquiry by the Assembly into administrative decisions: 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.

Assent to Bills: 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.

LG’s opinion for executive actions: 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.

Criticism about the amendment

It is against the spirit of ‘Federalism.”

The latest amendment will greatly reduce the efficiency and timeliness of the Delhi government by making it imperative for it to hold consultations with the L-G even when a situation demands urgent action.

Significantly, the L-G is not obliged to give his opinion to the State government within a time frame. Critics argue that the L-G could politically exploit these unbridled powers to hamper the government’s administrative work and thus turn the political tides against the incumbent if he so desires.