Delhi HC hears PIL challenging GNCTD Amendment Act 2021, seeks response from Centre

A hearing on a petition challenging the GNCTD Amendment Act 2021 took place at Delhi High Court on Tuesday, alleging it is contrary to the provision of the Constitution of India. The GNCTD Amendment act gives more power to Lieutenant Governor over the elected government and its chief minister.

The petitioner submitted that the act is contrary to Article 259(4) of the Constitution and that the people of the national capital have been allegedly suffering due to this Act. The Delhi HC has meanwhile issued a notice in a plea challenging the GNCTD amendment act 2021 and has sought the response of the Centre. The next date of hearing is on June 4.

Last week, the Ministry of Home Affairs had 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."

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.