‘Autocratic move’, says AAP govt as Bill to define Delhi LG’s powers introduced in Lok Sabha | Key Points

The authorities on Monday introduced a invoice in Lok Sabha that seeks to define the function and powers of the Lieutenant Governor of Delhi. Union Minister of State for Home G Kishan Reddy introduced the Government of National Capital Territory of Delhi (Amendment) Bill, 2021. This has once more revived the facility tussle between Delhi LG and AAP authorities in the nationwide capital. 

KEY POINTS

• According to the proposed amendments, Sector 21 of the Act — coping with restrictions on legal guidelines handed by legislative meeting with respect to sure issues — is sought to be revised to make clear that the expression ‘authorities’ referred to in any legislation to be made by the legislative meeting shall imply the ‘Lieutenant Governor’. A sub-section shall be inserted to this impact in Section 21.
• In part 24 of the principal Act — which requires a Bill handed by the Delhi legislative meeting to be introduced to the LG who might assent, withhold or reserve it for consideration of the President — a further clause might be inserted to cowl any of the issues that fall exterior the purview of the powers conferred on the legislative meeting.
• In Section 33 of the principal Act, in sub-section (1) after the phrases “conduct of its business”, the phrases “which shall not be inconsistent with the Rules of Procedure and Conduct of Business in House of People” shall be inserted.
• Also, in the provison, for the phrases “Provided that”, the next shall be substituted, “Provided that the Legislative Assembly shall not make any rule to enable itself or its Committees to consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to the administrative decisions, and any of the rule made in contravention of this proviso, before the commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, shall be void”.
• In part 44 of the principal Act coping with powers to makes guidelines for conduct of enterprise, in sub-section (2) — which states that as in any other case offered in this Act, all govt motion of the Lieutenant Governor whether or not taken on the recommendation of his Ministers or in any other case shall be expressed to be taken in the title of the Lieutenant Governor — the next proviso shall be inserted, particularly “Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government, Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force in the Capital, the opinion of Lieutenant Governor in term of proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor”.
• According to the assertion of objects and causes of the invoice, the unique invoice was enacted to complement the provisions of the Constitution relating to the legislative meeting and a Council of Ministers for Delhi and for issues related therewith.
• “The section 44 of the act deals with 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 the LG before issuing order thereon,” it stated.
• It stated that to give impact to the interpretation made by the Supreme Court which had dominated that the town authorities needn’t receive the Lieutenant Governor’s “concurrence” of each challenge of day-to-day governance, the invoice has been introduced.
• The authorities stated it needed to make clear the expression “Government”, which in the context of legislations to be handed by the Delhi meeting, shall imply the LG of Delhi, according to the standing of Delhi as a Union Territory to tackle the ambiguities in the interpretation of the legislative provisions.
• It additional seeks to be sure that the LG is essentially granted a possibility to train the facility entrusted to him below proviso to clause (4) of article 239AA of the Constitution, in choose class of circumstances and likewise to make guidelines in issues which by the way encroach upon issues falling exterior the preview of the meeting.
• “The said bill will promote harmonious relations between the legislature and the executive, and further define the responsibilities of the elected government and the LG, in line with the constitutional scheme of governance of National Capital Territory of Delhi, as interpreted by the Hon’ble Supreme Court,” the assertion of objects stated.
• Reacting to the transfer, Delhi Chief Minister Arvind Kejriwal accused the Bharatiya Janata Party (BJP) of curbing the powers of an elected authorities. 
• “After being rejected by ppl of Del (8 seats in Assembly, 0 in MCD bypolls), BJP seeks to drastically curtail powers of elected govt through a Bill in LS today. Bill is contrary to Constitution Bench judgement. We strongly condemn BJP’s unconstitutional and anti-democracy move,” Kejriwal stated in a tweet. 
• Deputy Chief Minister Manish Sisodia additionally objected and referred to as the transfer “unconstitutional” and “undemocractic”. 
• “BJP-led Central govt has brought a Bill in Parliament to amend GNCTD Act. It is unconstitutional & undemocratic. Bill says all the authority will be given to LG and the democratically-elected govt will hold no significance after its implementation. The Bill also says that Delhi govt will have to send all the files to the LG for approval. It is an autocratic move. What is the need to hold elections if democratically-elected govt, CM, and ministers have no power,” Sisodia requested.

READ MORE: CM Arvind Kejriwal guarantees ‘Ayodhya Darshan’ for Delhi senior residents

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