Delhi Govt moves Supreme Court challenging Centre’s amendments to GNCTD Act

The Delhi Government has moved the Supreme Court challenging four amended provisions of the Government of National Capital Territory of Delhi (GNCTD) Act, 1991 and thirteen amended provisions of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 contending that they violate the basic structure of the Constitution..The plea filed on August 10, said that amendments are an attempt to treat the Lieutenant Governor (LG) of Delhi as the default administering authority over the NCT of Delhi, by equating the position of the LG with that of the 'government'."The Amendment Act has in effect disenfranchised the people of Delhi, and violated their political rights under the Constitution," the petition filed under Article 32 said..The Centre had amended the GNCTD Act of 1991 by the GNCTD (Amendment) Act 2021.The Amendment Act which redefines "Government" as the "Lieutenant Governor" for Delhi came into force from April 27.The Amendment Act enhances the powers of the Lieutenant Governor (LG) while limiting the elected government's powers in some respects.The Central government stated that this amendment was brought to give effect to the "interpretation made by Hon'ble Supreme Court in Government of NCT of Delhi v. Union of India.".Delhi Government, in it plea, has challenged the constitutionality of amended Sections 21, 24, 33, 44 of the 1991 Act and amended Rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49, 52 and 57 of the 1993 Rules..The plea said that in 2016 after disputes and differences arose between the LG and the Delhi Government in respect of powers, duties and governance, a Constitution Bench of the Supreme Court had ruled that though the Council of Ministers shall inform all its decisions to the LG concurrence of the LG is not required. Despite that on March 15, 2021, the Central government introduced the GNCTD Act Amendment Bill in the Lok Sabha and after receiving the assent of the President, it was notified as National Capital Territory of Delhi (Amendment) Act 2021..In its plea, the Delhi government contended that amended provisions of the GNCTD Act "diminish the constitutionally guaranteed powers and functions of the elected legislative assembly and council of ministers of Delhi; overturn the constitutionally stipulated balance between the Delhi Government and the Union Government".It further said that the amendments go against the judgment of the Constitution Bench of the Supreme Court in ‘Government of NCT of Delhi v Union of India..The amendments authorise the LG to withhold consent for bills which according to him would fall outside the scope of legislative assembly’s legislative powers.The amendments empower the LG to interfere in the day-to-day administration of the NCT by introducing the requirement of obtaining the LGs views before executing a decision of the Council of Ministers, the plea said.It was further submitted that the provisions encroach on the scope of the Delhi Legislative Assembly’s core legislative functions by interfering with the power of the Assembly to frame its own rules of business or to hold the executive to account, a core function of any legislature..Petitions filed by individuals challenging the Amendment Act are already pending before the Delhi High Court.