Centre notifies Act giving more powers to Delhi L-G

#GS2 #POWERS AND FUNCTIONS OF GOVERNOR 

TELEGRAM LINK: https://t.me/believersias

News info 

  • The Ministry of Home Affairs issued a gazette notification stating that the provisions of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, would be deemed to have come into effect from April 27.
  • Delhi’s Lieutenant Governor Anil Baijal is now the ‘government’ in the National Capital as the Centre notified the amended Government of National Capital Territory of Delhi (Amendment) Act, 2021 on Tuesday.

Important features

  •  The Act, which gives the Lieutenant-Governor of Delhi more teeth and significantly waters down the powers of both the elected government and the Legislative Assembly, will clarify the expression “Government” and address “ambiguities” in the legislative provisions to promote “harmonious relations between the legislature and the executive”.
  •  The Act defines the responsibilities of the elected government and the L-G along with the “constitutional scheme of governance of the NCT” interpreted by the Supreme Court in recent judgments regarding the division of powers between the two entities.
  • It will also seek to ensure that the L-G is “necessarily granted an opportunity” to exercise powers entrusted to him under proviso to clause (4) of Article 239AA of the Constitution.
  •  This particular clause provides for a Council of Ministers headed by a Chief Minister for the NCT to “aid and advise the Lieutenant-Governor” in the exercise of his functions for matters in which the Legislative Assembly has the power to make laws.

Summary 

  • The Government of National Capital Territory of Delhi Act, 1991 (1of 1992) was enacted to supplement the provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi and for matters connected therewith or incidental thereto.
  •  Section 44 of the Act deals with the conduct of business and there is no structural mechanism provided in the act for effective time-bound implementation of said section. Further, there is no clarity as to what proposal or matters are required to be submitted to Lieutenant Governor before issuing order thereon,” the statement of objects and reasons stated.

BIASA BASICS 

Need of the Amendment

  •  The Ministry of Home Affairs’ statement on “objects and reasons” of the Bill stated that Section 44 of the 1991 Act deals with conduct of business and there is no structural mechanism for effective time-bound implementation of the said section.
  •  Also, there is no clarity as to what proposal or matters are required to be submitted to Lieutenant Governor before issuing order thereon.
  •  Section 44 of the 1991 Act says that all executive actions of the LG, whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the LG.

Government of National Capital Territory of Delhi Act, 1991

  •  Delhi’s current status as a Union Territory with a Legislative Assembly is an outcome of the 69th Amendment Act through which Articles 239AA and 239BB were introduced in the Constitution.
  •  The Government of National Capital Territory of Delhi (GNCTD) Act was passed simultaneously to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital.
  •  For all practical purposes, the GNCTD Act outlines the powers of the Assembly, the discretionary powers enjoyed by the LG, and the duties of the Chief Minister with respect to the need to furnish information to the LG.

Supreme Court Judgement in 2018

  •  The Constitution Bench verdict of July 4, 2018, held that the L-G has not been entrusted with any independent decision-making power.
  • The Court clarified that the power to refer “any matter” to the President did not mean that “every matter” .
  • Thus, his concurrence is not needed in every matter, and he can refer matters to the President only in exceptional situations and not in a “routine or mechanical manner”.

 

SOURCE: THE HINDU 

Print Friendly and PDF
blog comments powered by Disqus