Government of NCT of Delhi (Amendment) Act, 2021: What’s Wrong With It?
The main feature of democracy is transparency and effective functioning between the organs of the Government viz. the Central Government and the State Government. The framers of the constitution, keeping this in mind divide the powers into three organs viz. legislature, executive and judiciary.
- Introduction
- History of NCT of Delhi
- Formation of Government of NCT of Delhi Act
- Friction between Chief Minister and Governor
- Government of NCT of Delhi (Amendment) Act, 2021: What does it amend?
- Criticism against the amendment
- Conclusion
Furthermore, in 1911 during the British raj, Delhi was made the capital of India, thereby the power concentration of the central Government. Thus, Delhi not only became capital of India, but it was also granted the status of Union Territory.
However, in 1990, the Sixty Ninth (Amendment) Bill was introduced in the parliament by the then congress Government, thereby proposing for an elected representative of Delhi, while maintaining the status quo of union territory. The reorganization of the national capital was prompted on the basis of the recommendations submitted by R.K. Sakaria Committee.
The bill thereafter was passed in the parliament and became an act, thereby adding Articles 239 AA and 239 BB to the Constitution of India, which granted the status to Delhi as Union Territory with Legislative Assembly.
Thereafter, Delhi was made the Union Territory of Delhi vide Sixty Ninth (Amendment) Act, thereby framing Government of National Capital Territory (NCT) of Delhi Act, 1991, which defines the rules for the appointed Chief Minister and Governor.
Thus, the Act divides the powers among the Chief Minister and the Governor, thereby ensuring the basic feature of democracy.
Friction between Chief Minister and Governor
However, as there is usual conflicts between the Central Governments and State Governments, recent trend shows the differences between State Governments and Governors tend to rise as distribution of powers started conflicting. Therefore, while the Government of NCT of Delhi Act divides powers between the Chief Minister and Governor, thereby ensuring the leaps and bounds for the welfare of Delhi, it seems that it had failed that motive. With the growing differences between the Chief Minister and Governor on various issues such as authorization of Governor on a bill passed by the State legislative assembly, who has the primary authority over whom and to whom the differences should be referred?
While the Government of NCT of Delhi Act provides that in case of differences between the opinion of Chief Minister and Governor, Lieutenant Governor should refer the matter to President.
Furthermore, pending the decision of president, L-G was empowered to take decision on the matter as he deemed fit.
However, Supreme Court in the case of Government of NCT of Delhi vs Union of India and Another, held that Chief Minister and its council was not under any obligation to seek the advice of L-G on the concurring matters. Furthermore, Supreme Court also held that the differences should be resolved internally and peacefully, however, constitutional supremacy should not be undermined, thus ensuring constitutional primacy of the respective Government.
Government of NCT of Delhi (Amendment) Act, 2021: What does it amend?
The new amendment Act seeks to amend Section 21, 24, 33 and 44 of the Government of National Capital Territory (NCT) of Delhi Act, 1991, thereby amending the definition of “Government” and providing that government of NCT of Delhi means Lieutenant Governor of Delhi.
Furthermore, L-G is given vast and discretionary powers, even in situations where the Delhi Government is empowered to make laws. On top of it, any decision by the council of ministers of the Government of NCT of Delhi is subject to approval of L-G, thus, L-G is required to be provided with the opportunity to provide its opinion before any decision taken by council of ministers can be given a go ahead.
Moreover, if the powers of Government of NCT of Delhi was already not abridged, the amendment act further bars the legislative assembly or its committees from making rules to take up matters concerning day-to-day administration, or to conduct inquiries in relation to administrative decisions.
Criticism against the amendment
While, Kejriwal Government majorly relies on the Supreme Court’s decision in the case of Government of NCT of Delhi v. Union of India, his government further criticize central Government’s decision to amend the Act, holding that it will affect the ability and capacity of his Government to a large extent, to take timely decisions in order to ensure welfare of people of Delhi.
Another major criticism this amendment faced is that L-G is not being time bound to give its decision. Thus, L-G can put on hold the decision of Delhi Government which can affect the Central Government’s power to act in Delhi, thus making L-G the sole decision maker of the Union Territory.
CONCLUSION
Constitution makers framed division of powers, in order to increase efficiency and maintain the system of checks and balance. However, with the recent amendment in place, it looks like Central Government aims to provide all the powers to L-G, thereby abridging Delhi Government from all its decision making capacity. Although it attracts heavy criticism, it deems to attract as Delhi Government was entrusted by its people to act on its behalf and for their welfare. However, with the powers being taken away from them, the power of the people seems to be taken away.
While Supreme Court clearly held that L-G does not have any independent decision making authority, Central Government seems to go opposite to Supreme Court’s direction, which can prove to be against constitutional fundamentals.