The Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021, known for its provision to give primacy to the Lieutenant Governor (L-G) over the elected government in the city, is now effective. This piece will delve into key points of this Act, criticisms it faces, the Union Government’s perspective, the historical context, and notable court verdicts.
Key Points: Provisions of the GNCT of Delhi (Amendment) Act 2021
The new amendment Act alters the Sections 21, 24, 33 and 44 of the original 1991 Act. In the National Capital Territory of Delhi, the term “government” was redefined to mean the Lieutenant-Governor of Delhi. The revised Act endows discretionary powers to the L-G, even in matters where the Delhi Legislative Assembly has authority to enact laws. It aims to guarantee that the L-G is provided a chance to offer his or her viewpoint before any decision by the Council of Ministers (or the Delhi Cabinet) is carried out. Furthermore, it prevents the Assembly or its committees from forming rules pertaining to everyday administrative matters or conducting investigations about these decisions.
Criticism Against the Act
Critics claim that the latest amendment could reduce efficiency and timeliness of the Delhi government, since the government will need to consult with the L-G, even during urgent circumstances. Notably, the L-G doesn’t have to respond within a specific timeframe. Critics are concerned that the L-G could misuse these unlimited powers for political gain, potentially obstructing the government’s administrative work and shift political dynamics if he wishes. Some go so far as to say it undermines Federalism.
Union Government’s Stand
The Union Government argues that the Act aligns with the Supreme Court’s July 2018 decision regarding the range of powers of the L-G and the Delhi government, which came after a series of publicized disputes between the two. The Act reportedly aims to enhance public accountability, remove technical ambiguities related to daily administration, boost administrative efficiency in Delhi and improve relations between the executive and legislative branches.
Background to the GNCTD Act
The GNCTD Act was enacted in 1991 to “supplement provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi”. It set the foundation for an elected government in Delhi. The Supreme Court praised the 1991 developments, stating that they established a democracy with a representative government, where the majority could express their views in laws and policies concerning the NCT of Delhi, as long as they remained within constitutional boundaries.
The 69th Amendment Act in 1992 gave Delhi a special status by adding Articles 239AA and 239AB. Article 239AA designated Delhi as the National Capital Territory of Delhi and its administrator as the Lt. Governor. It also formed a legislative assembly for Delhi empowered to make laws on subjects under the State List and Concurrent List, with exceptions on public order, land and police. It further created a Council of Ministers for Delhi consisting of not more than 10% of the total member count in the assembly.
Article 239AB granted the President authority to suspend any provision of Article 239AA or any provision of any law made under that article — a provision similar to Article 356 (President’s Rule).
Point of Friction: Power-sharing Disputes
Over time, there were disagreements between the Chief Minister and the Lieutenant Governor (L-G) on power-sharing. The main point of these conflicts was that in case of a difference between the L-G and the Council of Ministers on any matter, the issue would be referred to the President by the L-G for his decision. Pending such a decision, the L-G had the power to act on the matter as he deemed right.
Judgement of the Supreme Court
In the 2018 Government of NCT of Delhi vs Union of India and Another case, the Supreme Court concluded that the government was not required to obtain agreement from the L-G on its decisions. Differences should be resolved with respect for the constitutional primacy of representative government and cooperative federalism. Essentially, this verdict made it challenging for the L-G to refer such disputes to the President.
Last Modified: February 11, 2024