Hindustan Times ST (Jaipur)

Centre notifies Act, Delhi L-G now govt in national Capital

- Neeraj Chauhan letters@hindustant­imes.com :

NEW DELHI Delhi’s Lieutenant Governor (L-G) Anil Baijal is now the ‘government’ in the national Capital as the Centre notified the amended Government of National Capital Territory of Delhi (Amendment) Act, 2021 on Tuesday.

A gazette notificati­on issued on April 27 says the act comes into force from the same day, which means that day-to-day decisions taken by the Arvind Kejriwal Cabinet in the Union Territory will have to have opinion of the L-G.

The act, passed by the Parliament last month, gives overarchin­g powers to the Delhi L-G in day-to-day functionin­g of the Union Territory; a move criticised by Aam Aadmi Party (AAP) leaders and other Opposition parties saying this obstructs the functionin­g of an elected government.

On the other hand, the Centre has claimed that the act promotes “harmonious relations between the legislatur­e and the executive, and further defines the responsibi­lities of the elected government and the Lieutenant Governor, in line with the constituti­onal scheme of governance of Delhi, as interprete­d by the Supreme Court.”

According to the controvers­ial act, the “government” in Delhi would mean L-G in the context of all legislatio­ns to be passed by the state assembly. This, according to the Centre, is in consistenc­y with the status of Delhi as a Union Territory to address the ambiguitie­s in the interpreta­tion of the legislativ­e provisions.

The bill makes it mandatory for the Delhi government to take the opinion of the L-G before taking any executive action in the city.

It also bars Delhi government from making 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. Any rule made till this act comes into effect will be void, according to the bill.

According to the act, the Delhi assembly won’t be able to make rules for regulating its procedure and the conduct of its business which are inconsiste­nt with the Rules of Procedure and Conduct of Business in the Parliament of India.

The Supreme Court had, on July 4, 2018, ruled that the L-G cannot interfere in every decision of the Delhi government and that he must act on aid and advice of the council of ministers. The Centre has however said the new act seeks to clarify the expression of government in order to give effect to the interpreta­tion made by the Supreme Court.

“The Government of National Capital Territory of Delhi Act, 1991 (1of 1992) was enacted to supplement the provisions of the Constituti­on relating to the Legislativ­e Assembly and a Council of Ministers for the National Capital Territory of Delhi and for matters connected therewith or incidental thereto. Section 44 of the Act deals with conduct of business and there is no structural mechanism provided in the act for effective time bound implementa­tion of said section. Further, there is no clarity as to what proposal or matters are required to be submitted to Lieutenant Governor before issuing order thereon,” the statement of objects and reasons stated.

 ?? PTI ?? Madhya Pradesh Police contingent­s, in PPE kits, pay tributes to slain Sub-inspector Mohan Singh Patel, who succumbed to Covid19, in Bhopal on Wednesday.
PTI Madhya Pradesh Police contingent­s, in PPE kits, pay tributes to slain Sub-inspector Mohan Singh Patel, who succumbed to Covid19, in Bhopal on Wednesday.
 ?? RAJ K RAJ/HT PHOTO ?? Delhi CM Arvind Kejriwal, Lieutenant Governor Anil Baijal and speaker Ram Niwas Goel at Delhi Vidhan Sabha.
RAJ K RAJ/HT PHOTO Delhi CM Arvind Kejriwal, Lieutenant Governor Anil Baijal and speaker Ram Niwas Goel at Delhi Vidhan Sabha.

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