The Ministry of Home Affairs (MHA) said in a press statement on Thursday that the Government of National Capital Territory (GNCTD) Amendment Act, 2021 “in no way alters the constitutional and legal responsibilities of the elected Government” to take necessary action in areas of health and education.
MHA issued a notification that the provisions of the Act would come into effect from April 27. The Act passed by the Parliament on March 24 gives more teeth to the office of the Lieutenant Governor (L-G) of Delhi .
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The Act amended sections 21, 24, 33 and 44 of the 1991 Act saying that “government” in the national capital territory of Delhi means the Lieutenant Governor of Delhi. The Act gives discretionary powers to the LG of Delhi even in matters where the Legislative Assembly of Delhi is empowered to make laws. The legislation also seeks to ensure that the LG is “necessarily granted an opportunity” to give her/his opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented.
“The objective of the Amendment Act is to make it more relevant to the needs of the Capital; further define the responsibilities of the elected Government and the Lt. Governor (LG) ; and, create a harmonious relationship between the Legislature and the Executive. The Amendment would ensure better governance in the NCT of Delhi and lead to improved implementation of schemes and programmes meant for the common people of Delhi,” MHA said on Thursday.
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It added that the amendments are consistent with the existing legal and constitutional provisions, and are in line with the two judgements of the Supreme Court on July 4, 2018 and February 14, 2019 respectively.
“The amendments to the GNCTD Act, 1991, in no way alter the constitutional and legal responsibilities of the elected Government to take necessary action, in respect of the subjects transferred to them in the State and Concurrent Lists of the Constitution of India, including subjects such as health, education, etc,” MHA said.
Though the Act was passed and received an assent from the President on March 28, the notification to implement the Act came a day after the Delhi High Court cautioned the Delhi government to put its “house in order” over the issue of inadequate oxygen supply in the city, adding that the Centre would be asked to take over if the Delhi government couldn’t manage the situation created by the pandemic at hand.
Delhi is a Union Territory with a legislature and it came into being in 1991 under Article 239AA of the Constitution inserted by ‘the Constitution (Sixty-ninth Amendment) Act, 1991. As per the parent Act, the legislative assembly of Delhi has power to make laws in all matters except public order, police and land. The Aam Aadmi Party-led Delhi government has is often at loggerheads with the BJP-ruled Central government regarding administrative matters in the capital.
