Delhi GNCT Act amended; now 'government' in Delhi means L-G Anil Baijal

The Ministry of Home Affairs on Tuesday in its latest notification informed that Delhi's Lieutenant Governor Anil Baijal will now be the 'government' in the Union Territory as the Centre has notified the new amendment in the Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021. The notification issued by the Centre reads, "Government of NCT of Delhi (Amendment) Act, 2021, notified with effect from April 27; now the government in Delhi means Lt Governor."

Centre amends Delhi GNCT Act

According to the notification by the Ministry of Home Affairs (MHA), the city government will now have to seek the opinion of the L-G before taking any executive action. The MHA notification assigned by the additional secretary, Govind Mohan, said, "In exercise of the powers conferred by sub-section (2) of section 1 of the Government of National Capital Territory of Delhi (Amendment) Act 2021 (15 of 2021), the Central Government hereby declares 27th April 2021 as the date on which the provisions of the said Act shall come into force."

This latest development came after President of India Ram Nath Kovind last month cleared the controversial law giving more powers to the Delhi LG. The law that is said to undermine the elected Aam Aadmi Party (AAP) government in Delhi and has faced huge criticism by the Opposition, which called it ''anti-democratic and unconstitutional.''

Amendments to Delhi GNCT Act

The Government of National Capital Territory of Delhi Act, 1991 was enacted to supplement the provisions of the Constitution pertaining to the Legislative Assembly and a Council of Ministers for Delhi. In judgments dated July 4, 2018, and February 14, 2019, the Supreme Court interpreted the provisions of Article 239AA of the Constitution relating to the structure of governance in the National Capital Territory. The Centre sought to amend the law to give effect to the interpretation made by the apex court in the aforesaid judgments and to promote harmonious relations between the legislature and the executive. 

Here are the key highlights of the bill:

• The term 'Government' in the context of legislation to be passed by the Delhi Assembly shall mean the 'Lieutenant Governor'. 
• The rules made by the Legislative Assembly will be consistent with the Rules of Procedure and Conduct of Business of the Lok Sabha.
• The Legislative Assembly cannot make rules to consider matters of the day-to-day administration of Delhi and conduct any probe into administrative decisions. All such rules made before the enactment of this bill will be void.
• The L-G also has to reserve bills that cover any of the matters outside the purview of the Legislative Assembly for the consideration of the President.
• The opinion of the L-G must be obtained on certain matters before taking any executive action on the decisions of Ministers.

(Image: PTI)