GNCTD Bill-2021: The Centre and Delhi government of Arvind Kejriwal are when once more face-to-face more than a bill — Government of National Capital Territory of Delhi (Amendment) Bill, 2021 — introduced in the Lok Sabha on Monday. While the central government says that the Bill will define the responsibilities of the elected government and the Lieutenant Governor, the Delhi government and its prime leaders assert that it will curtail powers of the government of the Union Territory of Delhi.
What does the Bill say that has triggered controversy?
The Bill by way of amendments in several sections tends to make it mandatory for the government to send files to/seek the opinion of the Lieutenant Governor ahead of taking any administrative choices. The Bill seeks to replace the “Government” in the Act with the “Lieutenant Governor” — a central government appointee who is usually noticed as one working maintaining Centre’s interest in thoughts. The Bill says, “The expression “Government” referred to in any law to be created by the Legislative Assembly shall imply the Lieutenant Governor.”
The other amendment is in Section 44. Amending section 44 of the Government of National Capital Territory of Delhi Act-1991, the Bill says 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…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.”
What is the Centre’s rationale behind the Bill?
The Centre says that Section 44 of the Act bargains with conduct of company and there is no structural mechanism offered in the Act for powerful time bound implementation of stated section. Further, the Bill adds, there is no clarity as to what proposal or matters are needed to be submitted to Lieutenant Governor ahead of issuing order thereon. The Bill also talks about judgements by Supreme Court and says that the Constitution Bench of the Supreme Court, in its judgment dated the 4 July, 2018 and Division Bench of the Supreme Court, in its judgment dated the 14 February, 2019, has interpreted the provisions of report 239AA of the Constitution relating to the structure of governance in National Capital Territory of Delhi.
In order to give impact to the interpretation created by the court in its judgements, the Centre says, the Bill seeks “to clarify the expression “Government”, which in the context of legislations to be passed by the Legislative Assembly of Delhi, shall imply the Lieutenant Governor of the National Capital Territory of Delhi, constant with the status of Delhi as a Union territory to address the ambiguities in the interpretation of the legislative provisions”.
The Bill additional seeks to guarantee that the L-G is necessarily granted an chance to exercising the energy entrusted to him beneath proviso to clause (4) of report 239AA of the Constitution, in pick category of instances and also to make guidelines in matters which incidentally encroach upon matters falling outdoors the preview of the Legislative Assembly. It also seeks to provide for guidelines created by the Legislative Assembly of Delhi to be constant with the guidelines of the House of the People.
Why is the Delhi government protesting?
Delhi chief minister Arvind Kejriwal has listed two major objections. In a tweet, Arvind Kejriwal says that the Bill states ‘Government’ will imply ‘Lieutenant Governor’ and now all files will have to be sent to the L-G. “The (GNCTD) Bill says: 1. For Delhi, “Govt” will imply LG – Then what will the elected govt do? 2. All files will go to LG – This is against 4.7.18 Constitution Bench judgement which stated that files will not be sent to LG, the elected govt will take all choices and send a copy of selection to LG,” the chief minister writes. Targeting the Centre and the BJP, Kejriwal additional says that just after becoming rejected by folks of Delhi (8 seats in Assembly, in MCD bypolls), the BJP seeks to drastically curtail powers of the elected government by way of a Bill in Lok Sabha. “Bill is contrary to Constitution Bench judgement. We strongly condemn BJP’s unconstitutional n anti-democracy move,” he writes on Twitter.
What has been the energy tussle in between the Delhi Govt and L-G?
Delhi is not a complete state exactly where specific administrative choices will need to be taken in consultation/approval with the L-G. Here, the law and order predicament falls beneath the ambit of the Union Home Ministry. Key locations exactly where L-G and elected differed heavily have been transfer and postings of bureaucrats, and reporting of the head of the anti-corruption bureau beneath the vigilance division of the Delhi government. The ACB matter was settled by the Supreme Court which stated that the Centre alone will handle ACB and can pass the orders beneath the Commission of Inquiry Act. In this case, the Delhi government had argued that the ACB officers should really report to the government as the bureau was beneath the state’s vigilance division. The Delhi government also asserted that transfer and posting in the state have been to be performed by the elected government only. “The L-G does not control the service and he can not control or order their transfer or postings,” it had stated.
What did the Supreme Court rule in the Delhi Govt vs L-G case?
The Supreme Court ruled that the L-G has not been entrusted with any independent selection-generating energy in the Union Territory of Delhi. So, he has to act on the “aid and advice” of the Council of Ministers. “The meaning of ‘aid and advice’ employed in Article 239AA (4) has to be construed to mean that the L-G of the NCT of Delhi is bound by the aid and advice of the Council of Ministers, and this position holds true so long as the L-G does not exercise power under the proviso to clause (4) of Article 239 AA. The L-G has not been entrusted with any independent decision-making power. He has to either act on the ‘aid and advice’ of the Council of Ministers or is bound to implement the decision taken by the President on a reference made by him,” it stated. The SC, even so, stated that by no stretch of imagination, Delhi can be accorded the status of a State beneath the present constitutional scheme. The court stated the L-G was not like a Governor of a state but an administrator, in a restricted sense, working with the designation of L-G. It additional observed that the Constitution was “constructive” and that “there is no room for absolutism. There is no space for anarchy.”