Keypoints:
- The Aam Aadmi Party (AAP) says that the bill is ‘unconstitutional’, ‘undemocratic’ against SC order.
- The bill was introduced to bring amendments to the Act that decides the role of elected government and nominated Lieutenant Governor in Delhi.
On Monday, the Centre introduced a bill in the Lok Sabha to bring in amendments to the Act that will decide the role of elected government along with the nominated Lieutenant Governor in Delhi.
The Deputy Chief Minister of Delhi,Manish Sisodia was of the opinion that if the proposed amendments to The Government of National Capital Territory of Delhi Act, 1991 are passed, then the elections and the elected government in Delhi will become meaningless.
The bill will look forward to clarify the ‘Government’ expression, which will mean the LG in context of the legislation passed by the assembly. It also says that, the bill will be “consistent with the status of Delhi as a Union Territory” and will “address the ambiguities in the interpretation of legislative provisions”.
The said bill will promote harmonious relations between the legislature and the executive, and further define the responsibilities of the elected government and the LG, in line with the constitutional scheme of governance of National Capital Territory of Delhi, as interpreted by the Hon’ble Supreme Court,” the statement of objects said.
“After being rejected by people of Delhi (8 seats in Assembly, 0 in MCD bypolls) BJP seeks to drastically curtail powers of elected government through a Bill in Lok Sabha today. Bill is contrary to Constitution Bench judgment. We strongly condemn BJP’s unconstitutional and anti-democracy move,” Kejriwal posted on Twitter.
The Government of National Capital Territory of Delhi (Amendment) Bill, 2021,which was introduced by Minister of State for Home
G Kishan Reddy, proposes to amend four clauses of the 1991 Act.
- Section 21, “Restrictions on laws passed by Legislative Assembly with respect to certain matters”. The Bill seeks to add a subsection making it clear that the “expression ‘Government’ referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor”.
- Section 24 – deals with assent to Bills passed by the Legislative Assembly. The amendment seeks to add that the L-G will not assent to and pass on to the President for consideration any Bill which “incidentally covers any of the matters which falls outside the purview of the powers conferred on the Legislative Assembly”.
- Section 33 (“Rules of procedure”) that rules made by the Assembly for regulating its procedure and conduct of business shall not be “inconsistent with the Rules of Procedure and Conduct of Business in House of People”.
- Section 44 (“Conduct of business”) of the 1991 Act says that “all executive action of the Lieutenant Governor whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the Lieutenant Governor”. The amendment Bill seeks to add that before any executive action is taken in “pursuance of the decision of the Council of Ministers or a Minister” or to “exercise powers of the government”, the opinion of the L-G has to be obtained.
