Law disenfranchises people of Delhi: Plea

NEW DELHI: The Delhi government has told the Supreme Court that a law enacted by the Centre in March gives overriding powers to the Lieutenant Governor (LG) over the Delhi legislature and executive, and is unconstitutional because it has “disenfranchised” people by taking away power from their elected representatives and violating the lawmaking authority of the Delhi assembly.

The Government of National Capital Territory of Delhi (Amendment) Act, 2021 came into effect from March 28, 2021.

The Delhi government has submitted in a petition to the court that saying “government” means LG extends the Centre’s executive power in the city beyond the three excepted subjects – land, law and order and police -- over which the Centre has authority.

NEW DELHI: The Delhi government has told the Supreme Court that an amendment act enacted by the Centre in March gives overriding powers to the lieutenant governor (L-G) over the Delhi legislature and executive, and is unconstitutional because it has “disenfranchised” the people of Delhi by taking away power from their elected representatives and violating the lawmaking authority of the Delhi assembly.

The Government of National Capital Territory of Delhi (Amendment) Act, 2021 and the Transaction of Business of the Government of National Capital Territory of Delhi (GNCTD) Rules, 1993 came into effect from March 28, 2021, by which some crucial provisions of the earlier act stood amended.

The term “government” as referred to in any law passed by Delhi assembly was amended to mean “Lieutenant Governor” (by adding a new clause (3) to Section 21 of the GNCTD Act), and the opinion of the L-G was made mandatory for executing any decision of a minister or council of ministers on certain matters under any law in force (by adding a proviso to Section 44(2) of the Act).

The petition, filed on August 9, through advocate Shadan Farasat, was mentioned by the Delhi government represented by senior advocate Abhishek Manu Singhvi on Monday before the Chief Justice of India (CJI) for an urgent listing. The CJI agreed to list the matter without specifying a date. The copy of the petition was made available only on Wednesday.

“The impugned provisions as amended by the Amendment Act have in effect disenfranchised the people of Delhi, and violated their political rights under the Constitution in as much as the Amendment Act takes away the power from their elected representatives and gives it to an unelected official, being the L-G,” the petition said.

The provisions of the 2021 Act, the petition said, “are an attempt to treat the L-G as the default administering authority over the NCT of Delhi” by authorising him to withhold consent from bills that, in his judgment, may be “incidentally” outside the scope of legislative assembly’s legislative powers and by empowering him interfere in the day-to-day administration of the NCT.

The new law prohibits the assembly from making any rule to enable itself or its committees to consider matters of day-to-day administration of the Capital and conduct any inquiry in relation to administrative decisions

The Union Ministry of Home Affairs had on April 29, 2021, said that the “objective of the Amendment Act is to make it more relevant to the needs of the Capital” and “further define the responsibilities of the elected government and the Lt. Governor (L-G)”. “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... 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,” the statement said.

“…In 2016, disputes and differences arose between the L-G and the Delhi government in respect of powers, duties and governance... The constitutional bench of Supreme Court had held that the council of ministers shall inform all its decisions to the L-G but that does not mean that the concurrence of the L-G is required,” said AAP in a statement.