The Rajya Sabha today passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, which enhances the powers of the Lieutenant Governor and limits the elected government's powers in some respects..The Bill had been passed by the Lok Sabha earlier this week, on Monday. .The amendments have been made to the Government of National Capital Territory of Delhi Act, 1991 (Act). .Highlights of the Bill include:The following is sought to be added to Section 21 i.e. : "The expression 'Government' referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor."Section 3 of the Bill seeks to extend the powers of the Lieutenant Governor through an amendment of Section 24 of the 1991 Act, which deals with "Assent to bills."Changes are sought to be brought to Section 33 of the 1991 Act so that the Legislative assembly cannot make any rule to enable itself or its committee to consider in matters of the day-to-day administration of Delhi or conduct inquiries in relation to administration. Notably, this provision is also sought to be made retrospective in its effect.Section 5 of the bill seeks to add a proviso to Section 44 of the 1991 Act (dealing with 'conduct of business'), which makes it compulsory for the government to obtain the opinion of the Lieutenant Governor on all matters, before taking any 'executive action'..To read an explainer on the Bill, click here..The Centre has stated that this amendment has been brought to give effect to the "interpretation made by Hon'ble Supreme Court in Government of NCT of Delhi v. Union of India.".Delhi's incumbent Chief Minister, Arvind Kejriwal was, however, quick to condemn the bill as unconstitutional, anti-democracy and contrary to the Supreme Court's 2018 ruling in the power tussle between the Delhi government and the Central government.
The Rajya Sabha today passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, which enhances the powers of the Lieutenant Governor and limits the elected government's powers in some respects..The Bill had been passed by the Lok Sabha earlier this week, on Monday. .The amendments have been made to the Government of National Capital Territory of Delhi Act, 1991 (Act). .Highlights of the Bill include:The following is sought to be added to Section 21 i.e. : "The expression 'Government' referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor."Section 3 of the Bill seeks to extend the powers of the Lieutenant Governor through an amendment of Section 24 of the 1991 Act, which deals with "Assent to bills."Changes are sought to be brought to Section 33 of the 1991 Act so that the Legislative assembly cannot make any rule to enable itself or its committee to consider in matters of the day-to-day administration of Delhi or conduct inquiries in relation to administration. Notably, this provision is also sought to be made retrospective in its effect.Section 5 of the bill seeks to add a proviso to Section 44 of the 1991 Act (dealing with 'conduct of business'), which makes it compulsory for the government to obtain the opinion of the Lieutenant Governor on all matters, before taking any 'executive action'..To read an explainer on the Bill, click here..The Centre has stated that this amendment has been brought to give effect to the "interpretation made by Hon'ble Supreme Court in Government of NCT of Delhi v. Union of India.".Delhi's incumbent Chief Minister, Arvind Kejriwal was, however, quick to condemn the bill as unconstitutional, anti-democracy and contrary to the Supreme Court's 2018 ruling in the power tussle between the Delhi government and the Central government.