The Government of National Capital Territory of Delhi (Amendment) Bill, 2021

The Government of National Capital Territory of Delhi (Amendment) Act, 2021, was introduced in Lok Sabha on March 15, 2021.  

Background- 

Initially, when the ‘government’ was used, it used to be synonymous with ‘The state government of Delhi,’ and the state government used to enjoy the power to make rules and regulations and perform its functions in the state. The amendment proposed changes in sections 21, 24, 33, 43, and 44, respectively which has caused the shift of power from the State Government to Lieutenant Governor. 

What has changed?

The Act states that the term “government” will now mean lieutenant governor instead of the state government. The Act allows the Legislative Assembly to make Rules to regulate the procedure and conduct of business in the Assembly in the way it always has, but the rules made therein should not go against the procedure and conduct of business adopted by the Lok-Sabha. It prohibits the Legislative Assembly from making any rule or any regulation to enable itself or its Committees to neither consider the matters of the day-to-day administration of the NCT of Delhi nor conduct an inquiry relating to administrative decisions, and any rules made before its enactment shall become void.

The Act specifies that the legislative Assembly cannot take any action by itself. All the decisions will bear the name of Lieutenant Governor as if he has taken those decisions himself. In matters, which Lieutenant Governor specifies, no executive action can be taken by the minister/ council of ministers without his express assent.

The Act also provides the guidelines to Lieutenant Governor to reserve those Bills passed by the Legislative Assembly for the consideration of the President which: 

1. which may diminish the powers of the High Court of Delhi or;

2. which the President may direct to be reserved, or;

3. dealing with the salaries and allowances of the Speaker, Deputy Speaker, and members of the Assembly and the Ministers, or; 

4. relating to the official languages of the Assembly or the NCT of Delhi. The Act requires the LG to also reserve those Bills for the President, which incidentally cover any of the matters outside the purview of the powers of the Legislative Assembly.

Our Word

The Act aims to streamline the decision-making process in relation to the national capital territory of Delhi by including both the state and the central government in discussions regarding the rules and regulations to be made. Opposition from the state government is expected, with Delhi CM Arvind Kejriwal taking the lead and calling this Act a brutal attack on the democracy of the state. 

Author: Papiha Ghoshal