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MHA Asserts GNCTD Act Doesn't Alter Constitutional, Legal Responsibilities Of Elected Govt

The MHA noted that the motive of the amendments to the GNCTD Act was to create a harmonious relationship between the Legislature and the Executive. 

Image- ANI

Image- ANI


After the Centre amended the crucial Delhi GNCT Act, 1991, the Ministry of Home Affairs (MHA) released an official statement asserting that the Act does not alter the constitutional and legal responsibilities of the elected Government in the UT. 

Stating that the Amended Act attempted to further define the responsibilities of the elected Government and the Lt. Governor, the MHA noted that the motive was to create a harmonious relationship between the Legislature and the Executive. "The Amendment would ensure better governance in the NCT of Delhi and lead to improved implementation of schemes and programmes meant for the common people of Delhi," it said. 

The release also added that all amendments to Sections 21, 24, 33 and 44 of the Act were consistent with the existing legal and constitutional provisions, and were in line with the judgements of the Supreme Court. 

"The amendments to the GNCTD Act, 1991, in no way alter the constitutional and legal responsibilities of the elected Government to take necessary action, in respect of the subjects transferred to them in the State and Concurrent Lists of the Constitution of India, including subjects such as health, education, etc," it said.

This comes after the MHA's previous notification which stated that with effect from April 27, 'the government in Delhi means Lt Governor.' According to the notification by the Ministry of Home Affairs, the UT government will now have to seek the opinion of the LG before taking any executive action.

Key highlights of the GNCTD Act:

  • 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.

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