Delhi High Court seeks response from Centre, Delhi govt in AAP member's challenge to GNCTD (Amendment) Act

The Delhi High Court on Monday issued notice in another plea challenging the Government of National Capital Territory of Delhi (Amendment) Act of 2021. (Neeraj Sharma vs UOI).A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh sought response from the Central and Delhi governments in the plea. .The challenge in the form of a public interest litigation has been preferred by one Neeraj Sharma, a member of the Aam Aadmi Party. .As per the petitioner, the amendment Act is unconstitutional and falls vice of Article 14, 21 of the Constitution of India and the well-settled principles of democracy..It is also contended that the GNCTD amendment Act transgresses and pervades Supreme Court's Constitutional Bench judgment in Government of NCT of Delhi vs Union of India, as it mandates that prior opinion of the Lieutenant Governor is taken before taking any executive action.."The Hon'ble Supreme court while interpreting Article 239AA held.. that clause (4) of Article 239AA explicitly grants to the Government of Delhi executive powers in relation to matters for which the legislative assembly has power to legislate. The legislative power is conferred upon the Assembly to enact whereas the policy of the legislation has to be given effect to by the executive for which the Government of Delhi has to have co-extensive executive power.. the executive power of the Union in respect of NCT of Delhi is confined to the three matters in the state list for which the legislative power of the Delhi Legislative Assembly. The Amendment Act therefore asking for a mandatory prior opinion of the Lieutenant Governor before taking any executive action is violative of Article 14 being arbitrary in nature. Further by defining Government to mean the Lieutenant Governor, the principles of democracy, which speaks of the will of the people to govern, is being violated.", the petition reads..The petitioner claims that the amendment act is a colorable exercise of power by the Central government, which would change the sui generis nature of the NCT of Delhi.. Advocates Meghan, Mohd Suza Faizal and Nakul Baisoya appeared for the petitioner.