Centre Notifies GNCTD Act, Giving More Power to L-G Over AAP Govt

The Act states that the word “government” in any law passed by the Assembly will mean the “Lieutenant Governor”

The NCT Act will force the Delhi government to pass all executive decisions through the L-G.

(Photo: The Quint)

The Narendra Modi government on Wednesday, 28 April, notified the Government of National Capital Territory of Delhi (Amendment) Act, 2021.

The Centre’s controversial Delhi NCT Bill, 2021, was passed by the Rajya Sabha on Wednesday, 24 March, even as the Opposition staged a walkout over the Bill.

President Ram Nath Kovind on Sunday, 28 March, gave his assent to passing the Bill that accords primacy to Delhi's Lieutenant Governor over the elected government of Arvind Kejriwal.

The move came amid the power tussle between the Centre and the Arvind Kejriwal government over failing health infrastructure, like oxygen and medicine shortage, as the Union Territory recorded a steep surge in COVID infections.

The amendment will now force the Delhi government to take the advice of the L-G before implementing any Cabinet decision on matters that are within its jurisdiction.

What Does the Bill Say?

GOVERNMENT MEANS L-G: The first amendment is in Section 21 of the 1991 Act states that the word "government" in any law passed by the Legislative Assembly would mean the “Lieutenant Governor”.

PRESIDENT’S ASSENT: Under Section 24, this amendment proposes that the Lieutenant Governor shall not provide his assent or refer to the President a bill that is passed by the Legislative Assembly on a matter that is outside its purview.

RULES OF PROCEDURE: Under Section 33, the amendment seeks to add that rules made by the Legislative Assembly for regulating its own procedure and conduct of business shall have to be in sync with those in the “House of the People” or the Lok Sabha.

The amendment also proposes that the opinion of the Lieutenant Governor has to be taken before the implementation of any executive decision taken by the Council of Ministers.

Moreover, the amendment states that the Legislative Assembly shall not make any rule to allow 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”.