The Delhi High Court on Monday asked the Centre to respond to a petition filed by an AAP member challenging the Government of National Capital Territory of Delhi (GNCTD) Amendment Act, which increases the powers of the Lieutenant- Governor.
A Bench of Chief Justice D.N. Patel and Justice Jyoti Singh said it has already issued notices to the government on two previous pleas on the same issue.
The previous pleas were filed by a lawyer and another by a law student.
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In the fresh petition filed by Neeraj Sharma, who claims to be an AAP member, the court asked the Law Ministry and the Delhi government to also give their respective stand.
Mr. Sharma contended that the amended GNCTD Act nullifies the decision of the Supreme Court. “This amendment nullifies the decision of the Supreme Court which has clearly held that the elected government of Delhi can take all decision within its jurisdiction and execute them without obtaining the concurrence of the L-G,” the petition argued. “In case of a difference of opinion on a matter between the L-G and the government, the former should make all efforts to resolve it and only in extreme case should refer the matter to the President for a decision,” the petition added.
In the earlier petitions on the issue, the petitioner has argued that the Act would lead to confusion among the citizens as to who would be taking decisions for the Capital. It argued that vesting of powers in the L-G “would not be in harmony with the republican system of government”.
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It has said the L-G already had “overriding powers in the matters of land, police and services” and by the latest amendment to the GNCTD Act, he now has authority over all legislations passed by the Delhi Assembly. The petition has sought that the Act, which came into force from April 27, be declared as unconstitutional and quashed.