On March 15, 2021, the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 was introduced in the Lok Sabha to amend the Government of National Capital Territory of Delhi Act, 1991. The Amendment provides a framework for the functioning of the Legislative Assembly and the government of the of the National Capital Territory of Delhi. It amends the powers and responsibilities of the Legislative Assembly and the Lieutenant Governor. It came into force on April 27, 2021.
Highlights of the Amendment Act are as follows:
1. It provides that any law made by the Legislative Assembly referring to the term “Government” shall mean the Lieutenant Governor.
2. The amendment provides that the Rules made by the Legislative Assembly with regards to the procedure and conduct of business in the Assembly, must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha.
3. Further, it prohibits the Legislative Assembly from making any rule to enable itself or its Committees to: (i) consider the matters to day-to-day administration of the National Capital Territory of Delhi and (ii) conduct any inquiry in relation to administrative decisions. Additionally, it provides that all the rules which were made before its enactment, will become void.
4. While the Act already specifies that all executive action by the government, whether taken on the advice of the Ministers or otherwise, must be taken in the name of the Lieutenant Governor. The Bill adds that on certain matters, as specified by the Lieutenant Governor, his opinion must be obtained before taking any executive action on the decisions of the Minister/Council of Ministers.
5. The Bill requires the Lieutenant Governor 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. The Bills already reserved include those i) which may diminish the powers of the High Court of Delhi; ii) which the President may direct to be reserved; iii) dealing with the salaries and allowances of the Speaker, Deputy Speaker, and members of the Assembly and the Ministers, or; iv) relating to official languages of the Assembly or the NCT of Delhi.
Conclusion
The Amendment Act seeks to be consistent with the status of Delhi as a Union territory in order to be able to address the ambiguities in the interpretation of the legislative provisions. The legislation has been debated due to its overwhelming to the Lieutenant Governor however, the same has been brought about to promote harmonious relations between the legislature and the executive branches in accordance with the Constitution.
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