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Updated March 22nd, 2021 at 18:31 IST

Lok Sabha passes NCT Amendment Bill empowering Delhi L-G; Kejriwal says 'insult to Delhi'

In a severe setback to Delhi-based AAP, the Lok Sabha on Monday, passed the Government of National Capital Territory of Delhi (Amendment) Bill, empowering LG

NCT Bill
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In a severe setback to Delhi-based AAP, the Lok Sabha on Monday, passed the Government of National Capital Territory of Delhi (Amendment) Bill. The Bill which defines the powers of the Delhi Lieutenant Governor (LG), has been opposed by AAP, terming it 'murder of democracy'. The Bill is yet to pass through the Rajya Sabha, where AAP MP Sanjay Singh has begun garnering support from other parties to oppose the Bill.

GNCTD Bill passed in Lok Sabha 

Initiating the debate on the bill in Lok Sabha, Union Minister of State for Home G Kishan Reddy said the bill has become necessary as there have been ambiguity in certain issues related to the functioning of the Delhi government and several cases were also filed in courts. "Please do not say that it is a political bill. It is being brought to end ambiguity in certain issues as Delhi is a Union Territory. It will end certain confusion or technicality and enhance the efficiency of the administration," he said.

Opposing the Bill, Chief Minister Arvind Kejriwal had urged the central government to take back the bill and said the AAP dispensation was ready to fall at the Modi government's feet for its withdrawal. Following its introduction on March 15,  Delhi ministers and AAP MPs, MLAs and councillors staged a protest at Jantar Mantar saying it gives overarching power to the Lieutenant Governor (L-G). Delhi Deputy CM Manish Sisodia on Monday, claimed that the amendment will strip the Delhi govt of all powers claiming "If the Chief Minister does not have the power to take decisions, then why conduct elections? Why this farce of elections?".

What is the GNCTD amendment?

According to PRS, the Bill proposes to define the powers of the Delhi government and the L-G with regard to the 1991 Act, amending it:

  • The term “government” referred to in any law made by the Legislative Assembly will imply Lieutenant Governor (LG)
  • Assembly can make Rules to regulate it, consistent to Lok Sabha
  • Bill prohibits Legislative Assembly from making rules for (i)day-to-day administration of the NCT, (ii) conduct any inquiry into administrative decisions
  • LG must reserve Bills passed by Legislative Assembly for President's assent - (i) if it diminishes Delhi HC's power (ii) President may direct to be reserved (iii) deals with salaries of Speaker, Deputy Speaker, and members of the Assembly and the Ministers (iv) official languages of the Assembly. LG must also reserve those Bills for the President which cover any of the matters outside the purview of the powers of the Legislative Assembly.
  • Executive action by the government must be taken in the name of the LG and his opinion must be obtained

AAP Vs Centre

Previously, in a 2019 Supreme Court judgement, Delhi government has been empowered to appoint special public prosecutors or law officers, fixing land revenue rates, the power to appoint or deal with the electricity commission or board. The SC also stated Delhi Anti Corruption Branch (ACB) cannot probe central government employees and that the Centre has the power to appoint Enquiry Commission. The SC has referred to the issue of transfers and posting of officers to a larger bench.

This has led to AAP accuse the BJP of 'giving LG power to stop work being done by the government elected by the people of Delhi' - leading to delay in schemes' implementation. In 2018, the SC had observed that the Delhi government need not obtain L-G’s concurrence on all governance issues, but only inform him. As of now law and order, and the police come under the Ministry of Home Affairs while administrative powers rest under the Delhi government.

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Published March 22nd, 2021 at 18:31 IST

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