On 15th March 2021, Ministry of Home Affairs introduced the new Amendment Bill is “Government of NCT of Delhi (Amendment) Bill, 2021 in the Lower House of the Parliament (Lok Sabha).

Provisions of the Amendment bill

The Amendment bill proposes that the “Government” in the national capital territory (NCR) of Delhi means “Lieutenant Governor” of Delhi. It provides for the discretionary powers to L-G of Delhi even in matters where the law-making power rests with the Legislative Assembly of Delhi. The proposed bill further seeks to ensure that the L-G is “necessarily granted an opportunity” in order to give opinion before any decision of the Council of Ministers or Delhi Cabinet is implemented. The Amendment Bill was introduced in order to amend sections 21, 24, 33 and 44 of Act, 1991.

Backdrop

The Union Territory with legislature was established in 1991 in accordance with Article 239AA of the Constitution of India. Article 239AA was inserted by the 69 (Amendment) Act, 1991 of the constitution of India. The existing laws provides that the Legislative Assembly of Delhi has the power to make laws in all matters excluding the police, public order and land.

Section 44 of the Act, 1991

Section 44 of the act states that; all the executive actions of the Lieutenant Governor, whether it is taken on the advice of his Ministers or any other ways, shall be taken in the name of Lieutenant Governor.

The Article 239AA

The Article 239AA of the Constitution of India mandates that the Council of Ministers will aid and advise the Lieutenant Governor in matters where the Legislative Assembly has been empowered to make laws except those matters where the Lieutenant Governor exercises his discretion.

Govt to Introduce Bill to define powers of Delhi LG Govt to Introduce Bill to define powers of Delhi LG