THE GOVT OF NCT OF DELHI AMENDMENT BILL 2021

The Union Minister of State Home G. Kishan Reddy introduced The Govt of NCT of Delhi Amendment Bill 2021 in Lok Sabha on 15th March 2021. This bill seeks to define certain role & powers of Lt. Governor of Delhi. The objective of the bill is to give proper interpretation of Supreme Court ruling which has ruled that city Govt need not obtain the L.G. concurrence of every issue of day to day governance.

Delhi is not a full fleged state but a union territory with a legislative assembly. The Lt. Governor of Delhi is not just a symbolic Head of Delhi but can be stated as real head of delhi govt. Lt. Governor is more powerful than a Governor of a state. Chief Minister of Delhi is not as powerful as Chief Minister of a state. The subjects like public order, Land, Police etc are in the Control of Union Govt. We have witnessed frequent disputes between Chief Minister Arvind Kejriwal and Lt. Governor Anil Baijal and earlier with the then Lt. Governor Nazeeb Jung over the issue of powers & governance of Delhi.

The said bill promote harmonious relations between the legislature & the executive and further define the responsibilities of the elected govt. and LG in line with constitutional scheme of governance of NCT of Delhi as interpreted by Supreme Court.

Key Changes Proposed:

1. 1) Govt referred to in any law to be made by delhi assembly shall mean LG.
2. 2) Govt must obtain opinion of LG before implementing any decision including ones taken by council of Ministers headed by CM.
3. 3) LG can specify all matters on which his opinion is to be sought.
4. 4) Assembly or any of its Committee can’t conduct inquiries on administrative decisions and all rules made in contravention shall be void.

Arvind Kejrival alleged that BJP ruled union govt want to drastically curtail power of elected govt of Delhi. Bill is contrary to Supreme Court judgment. This is BJP’s unconstitutional & anti-democracy move and is against the Supreme Court Judgment.

On 4th July 2018 five judge Bench of Supreme Court headed by CJI Deepak Mishra ruled that LG can’t interfere in every decision of Delhi govt and must act on the advice of council of minister headed by Chief Minister. The status of LG of Delhi is not that of a governor of state rather he remains an administrator in a limited sense. Supreme Court also pointed out that the elected govt must keep in mind that Delhi is not a state but a union territory.

The Bill says

1. 1) For Delhi Government means LG
   Then what elected govt will do.
2. 2) All files will go to LG for his approval.
   This is against the ruling of Supreme Court which states, that files will not be sent to L.G. for his approval. Elected govt will take all decisions and will send copy of decisions to LG.

Union Govt plea is that this bill will finally settle and clear the administrative works & powers of Council of Ministers and LG in relation to governance of Delhi & will reduce conflicts between the two.

The current status of Delhi is of a Union Territory with a legislative assembly as per 69th CAA 1991 and the name of Delhi is National Capital Territory of Delhi.