On 28th March 2021, the Government of National Capital Territory (NCT) of Delhi (Amendment) Act, 2021, which gives primacy to the Lieutenant Governor (LG) over the elected Government, got assent from President Ramnath Kovind.
All about Act
- This Act has amended sections (21, 24, 33 and 44) of previous act, 1991. In summary, it says that the ‘Government’ in NCT of Delhi means the LG of Delhi.
- The Bill says that the opinion of Lieutenant Governor should be obtained before making any executive decision based on decisions taken by the Cabinet or any minister. This Act also empowers the Lieutenant Governor with discretionary powers in matters where the Legislative Assembly make laws.
- It prohibits the Assembly and its committees from making rules to commence matters concerning everyday administration or to have inquiries in relation to administrative decisions.
Current Delhi administration
- The Existing Act, 1991 allows the Legislative Assembly (LA) to make laws in every matter except the Public order, Police and Land.
- Under the Article 239AA of the Constitution given by the 69th Amendment Act of 1991, Delhi is a Union territory with a legislative assembly.
Changes after the President Assent
Earlier, Delhi elected government was not sending the files of any executive decisions to Lieutenant Governor before implementation. It has been keeping the Lieutenant Governor alongside in administrative developments, but it was not always before implementing or executing any decision.
After the assent, the elected government is bound to take the Lieutenant Governor’s advice before taking any decision.
Why the Delhi government is unhappy?
The continuous tussle between the centre and Delhi government was mostly regarding the decision making policy and the L-G’s powers. In the year 2018, the SC judgment gave the State Government an upper hand in policy decisions. The Elected government sources always said that due to the SC’s judgments, the State government is able to clear policies easily. As per the Delhi government, the amendment will substantially take away the government’s autonomy and the desire of full statehood to Delhi.
Govt of NCT of Delhi Act 2021 gets Presidential Assent Govt of NCT of Delhi Act 2021 gets Presidential Assent