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What is the News?
The Ministry of Home Affairs has introduced the Government of National Capital Territory of Delhi (Amendment) Bill,2021 in the Lok Sabha. The Bill aims to change some important provisions concerning the National Capital.
About NCT of Delhi (Amendment) Bill 2021:
- It seeks to amend the Government of National Capital Territory of Delhi Act,1991.
- The main objective is to give overarching powers to the Lieutenant Governor (LG) in the functioning of Delhi.
Key amendments of the proposed NCT of Delhi (Amendment) Bill 2021
- The ‘Government’ from now on will mean ‘Lieutenant Governor’: The Bill provides that the term “government” referred to any law made by the Legislative Assembly will imply Lieutenant Governor (LG).
- LG’s opinion for executive actions: The Bill mentions that on certain matters, as specified by the LG, the government have to obtain LG’s opinion before taking any executive actions.
- Reservation of bills to President: The NCT of Delhi (Amendment) Bill requires the LG to reserve all those Bills for the President that incidentally cover any of the matters outside the purview of the powers of the Legislative Assembly.
- It limits the administrative powers of the Delhi Assembly: The bill provides that the rules made by the Delhi Assembly for regulating its procedure and conduct of business shall not be inconsistent with the Rules of Procedure and Conduct of Business in Lok Sabha.
About Delhi as a Union Territory:
- Delhi is a Union Territory with a legislature. It came into existence in 1991 under Article 239AA of the Constitution. This provision was inserted by the Sixty-ninth Amendment Act,1991.
- As per the existing Act, the Delhi Legislative Assembly makes laws in all matters except public order, police, and land.
Supreme Court Judgement on Delhi Government vs Powers of LG: In 2018, the Government of NCT of Delhi vs. Union of India (2018) case the supreme court provided a guideline. This guideline aimed at reducing the power tussle between the government of Delhi and the Lieutenant Governor. They are,
- Lieutenant Governor (LG) of Delhi is bound by the “aid and advice” of the elected Delhi government except for issues of public order, police and land.
- Delhi Government needs to inform the LG of its well-deliberated decisions. The government need not obtain his “concurrence” in every day-to-day issue of governance.
Source: The Hindu