The recent introduction of the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 into the Lok Sabha by the central government has sparked quite a bit of discussion. This bill puts forward an amendment to the Government of National Capital Territory of Delhi Act, 1991, aiming to clarify the responsibilities of the elected government and Lieutenant Governor (LG) in Delhi.
Key Components of the Bill
The proposed bill includes several important provisions:
1. The term ‘Government’ will be understood to mean ‘Lieutenant Governor (LG)’ in any law made by the Legislative Assembly.
2. The LG would have discretionary powers even in matters where the Legislative Assembly of Delhi can enact laws.
3. The bill stipulates that the LG must be given the opportunity to render her/his opinion before any action is taken by the Council of Ministers (or the Delhi Cabinet).
4. The bill also bars the Legislative Assembly from making any rule that allows it to deliberate on administrative decisions or conduct inquiries into such matters.
Reason for the Amendment
One of the main reasons disclosed by the Ministry of Home Affairs (MoHA) for this proposed change is the need for structural clarity. According to MoHA, Section 44 of the 1991 Act, which guides the conduct of business, lacks a clear structure for effective implementation. Also, there’s no clarity about the proposals that must be submitted to the LG before orders are issued.
Historical Context
A relevant point to note is the Supreme Court’s 2018 verdict that the LG’s concurrence isn’t necessary on issues outside of police, public order, and land. However, decisions of the Council of Ministers must be communicated to the LG. In its verdict, the apex court affirmed that the LG, while not a Governor of a State, remains an Administrator with the title of Lieutenant Governor. The court also clarified that Delhi is not a state.
This verdict led to the elected government ceasing to submit executive matter files to the LG prior to the execution of decisions. Instead, the LG was kept informed of administrative developments without necessarily being consulted before implementing any decision. But if the proposed amendment is approved, the elected government will be required to consult the LG before acting on any cabinet decision.
Government of National Capital Territory of Delhi Act, 1991
The current status of Delhi as a Union Territory with a Legislative Assembly is a result of the 69th Amendment Act, which introduced Articles 239AA and 239BB into the Constitution. The Government of National Capital Territory of Delhi (GNCTD) Act was passed to supplement these constitutional provisions relating to the Assembly and the Council of Ministers in the nation’s capital. Essentially, the GNCTD Act delineates the powers of the Assembly, the LG’s discretionary powers, and the duties of the Chief Minister concerning information provision to the LG.
