President Gives Assent To NCT Bill, Delhi L-G Now Officially Gets More Power Than CM Kejriwal

The central government announced about the presidential assent to the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 through a gazette notification.

NCT Bills Becomes A Law

President Ram Nath Kovind on Sunday gave his assent to a bill that gives more powers to Delhi's Lieutenant Governor - the centre's representative - compared to the city's elected government. The central government announced about the presidential assent to the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 through a gazette notification.

 The Union Home Ministry will now declare when it will come into effect.

On Wednesday, the bill was passed by the Rajya Sabha amid a walkout by several other opposition parties including Delhi's ruling Aam Aadmi Party.

Most opposition parties, including the Congress, the Trinamool Congress, Lalu Yadav's Rashtriya Janata Dal, Shiv Sena, the ruling YSR Congress of Andhra Pradesh, and the Akali Dal had opposed the bill. The YSR Congress had walked out in the middle of the debate.

According to the legislation, the “government” in Delhi means the “Lieutenant Governor” and the city government will now have to seek the opinion of the L-G before taking any executive action. Parliament passed the bill last week — Lok Sabha on March 22 and Rajya Sabha on March 24.

When the bill was passed by Parliament, Delhi Chief Minister Arvind Kejriwal termed it a “sad day for Indian democracy”. Union Minister G Kishan Reddy had said the amendments would lead to transparency and clarity in governance in NCT of Delhi and enhance public accountability.

What is the NCT 2021 Bill?

In the “statement of objects and reasons” section, the Centre claims that the amendment Bill seeks to give effect to the Supreme Court’s interpretation and that it “further defines” the responsibilities of the elected government and the Lt Governor in line with the Constitutional scheme. Among the major proposed amendments, one makes it explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G. This, essentially, gives effect to former L-G Najeeb Jung’s 2015 assertion that “Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution”. The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

It also stated the legislative assembly shall not make any rule to enable itself or its committees to consider the matters of the day-to-day administration of the national capital or conduct inquiries in relation to the administrative decisions.

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, introduced by Minister of State for Home G Kishan Reddy, proposes to amend four clauses of the 1991 Act.

What are the amendments proposed in the 1991 act? 

'Government' to mean 'Lieutenant Governor'

The first is in Section 21, “Restrictions on laws passed by Legislative Assembly with respect to certain matters”. The Bill seeks to add a subsection making it clear that the “expression ‘Government’ referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor”.

L-G to be empowered

The second amendment is sought in Section 24, which deals with assent to Bills passed by the Legislative Assembly. The amendment seeks to add that the L-G will not assent to and pass on to the President for consideration any Bill which “incidentally covers any of the matters which falls outside the purview of the powers conferred on the Legislative Assembly”.

Limiting the administrative powers of the Delhi Legislative Assembly

Third, the Bill wants to add in Section 33 (“Rules of procedure”) that rules made by the Assembly for regulating its procedure and conduct of business shall not be “inconsistent with the Rules of Procedure and Conduct of Business in House of People”.

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", reads Section 5 of the bill.

Compulsory to take the opinion of L-G

Section 5 of the Bill seeks to add a provision to Section 44 of the 1991 Act (dealing with 'conduct of business'), which makes it compulsory for the government to obtain the opinion of the Lieutenant Governor on all matters, before taking any 'executive action'.

As it stands, Section 44 (2) of the Act states,

"Save as otherwise provided in this Act, all executive action of Lieutenant Governor whether taken on the advise of his Ministers or otherwise shall be expressed to be taken in the name of the Lieutenant Governor."

To this, Section 5 of the bill seeks to add the following proviso:

"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 the 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."