The Ministry of Home Affairs (MHA) on Monday introduced a bill in the Lok Sabha where it proposed that “Government” in the National Capital Territory of Delhi means the Lieutenant Governor of Delhi. The Bill also gives discretionary powers to LG of Delhi in cases where the Legislative Assembly of Delhi has the right to make laws.
The proposed legislation also seeks to ensure that LG is “given an opportunity to give her opinion as necessary” before implementing any decision taken by the Council of Ministers (or the Delhi Cabinet).
Delhi is a Union Territory and came into existence in 1991 under Article 239AA of the Constitution (Sixty-seventh Constitution Amendment) Act, 1991. As per the existing Act, the Legislative Assembly of Delhi has power. Make laws in all matters except public order, police and land.
The Aam Aadmi Party-led Delhi government has on several occasions challenged the BJP-ruled central government regarding administrative matters in the capital.
The National Capital Territory of Delhi Government (Amendment) Bill, 2021 was introduced in the Lok Sabha on Monday by Union Minister of State for Home Affairs Kishan Reddy.
The Bill proposes to amend sections 21, 24, 33 and 44 of the 1991 Act.
For structural clarity
The MHA statement on “Objects and Causes” of the Bill stated that section 44 of the 1991 Act relates to the conduct of business and there is no structural mechanism for effective time bound implementation of the said section.
“Further, there is no clarity as to whether the proposal or matters need to be presented to the lieutenant governor before issuing the order,” the MHA statement said.
Section 44 of the 1991 Act states that all executive actions of LG, whether done on the advice of its ministers or otherwise, will be expressed to be taken in LG’s name.
Opinion supreme
It is now proposed to include the following clause in the Act: “Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or Minister to exercise the powers of the Government, the State Government, the appropriate Government, the Lieutenant Governor, the Administrator or the Chief. The Commissioner may, as the case may be, under any law in the capital, by clause (4) of Article 239AA of the Constitution, in the opinion of the Lieutenant Governor, receive on all such matters, by a general or special order, specify By the Lt. Governor “
Article 239AA of the Constitution states that the Council of Ministers will assist and advise the LG in matters where the Legislative Assembly has the power to make laws, where the LG can exercise discretion.
The MHA statement said that the Constitution Bench of the Supreme Court in the judgment dated July 4, 2018 and a Division Bench of the Supreme Court on February 14, 2019, have interpreted the provisions of Article 239AA of the Constitution relating to the structure of governance in the NCT. Of Delhi.
The MHA said that in order to give effect to the interpretation made by the apex court, the Bill seeks to amend section 21 of the Act and clarify the expression of “Government”, with reference to the legislations to be passed by the Legislative Assembly is. Delhi shall mean the LG of the NCT of Delhi “to address ambiguities in the interpretation of legislative provisions consistent with the position of Delhi as a Union Territory.”
“It further seeks to ensure that LG is necessarily given the opportunity to exercise the power entrusted to it under clause (4) of Article 239AA of the Constitution, to make rules in select cases and in cases which would be in violation On matters falling outside the preview of the Legislative Assembly. It seeks to provide for the rules made by the Legislative Assembly of Delhi to conform to the rules of the house of the people, “said the MHA.
It added that the Bill would promote harmonious relations between the legislature and the executive and carry forward the responsibilities of the elected government and the LG in line with Delhi’s Constitutional Plan of Governance as interpreted by the Supreme Court.
According to the MHA notification of May 21 and July 23, 2015 of the 2019 decision by the SC as “legal”, LG authorized the exercise of powers in relation to the services and directed the Anti-Corruption Branch (ACB) Police That they should not take cognizance of the crimes against the Central. government officer.
The Bill seeks to amend section 33 of the Act, which empowers the Delhi Legislative Assembly to do its business with the rule that it may enforce the rule with the rules of procedure and conduct of business in the House of People Will not be inconsistent.
The amendment states that “the Legislative Assembly shall not make any rules to enable itself or its committees to consider matters of day-to-day administration of the capital or to inquire in relation to administrative decisions” and made before commencement. Gone are any such rules. The act will be void.
The amendment to section 24 states that LG will not accept any bill passed by the Delhi Legislative Assembly that “covers any matter which is outside the purview of the powers conferred on the Legislative Assembly.”
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