LAST UPDATED: March 16, 2021, 3:33 p.m.
New Delhi: The Union Minister of State for Home G Kishan Reddy introduced the Government of National Capital Territory (NCT) of Delhi (Amendment) Bill, 2021 in Lok Sabha on Monday, with the objective of giving a proper “interpretation” of a Supreme Court ruling.
The Bill introduced seeks to define the certain role and powers of the lieutenant governor of Delhi.
According to the amendments proposed, Section 21 of the Act – dealing with the restrictions on laws passed by legislative assembly with respect to certain matters – needs to be revised in order to clarify the expression ‘government’ referred to in any law to be made by the legislative assembly shall mean the ‘Lieutenant Governor’. A sub-section needs to be added to Section 21.
Considering Section 24 of the principal Act – requires a Bill passed by the Delhi legislative assembly to be presented to the LG who may assent or reserve it for the consideration of the President.
In section 33 of the principal Act, in the sub-section (1) after the words “conduct of its business” , the words “which shall not be inconsistent with the rules of Procedure and Conduct of Business in House of People” shall be substituted.
Similarly, in the proviso, for the words “Provided that”, the following shall be inserted, “Provided that the Legislative Assembly shall not make any rule to enable itself or its committees to consider the matters of day to day administration of the Capital of conduct inquiries in relation to the administration decisions, and any of the rule made in contravention of this proviso, before the commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021 shall be void”.
In section 44 of the principal Act – dealing with powers to make rule of conduct of business, in sub-section (2), which states that all executive action of the Lieutenant Governor whether taken on the advice of his ministers or otherwise shall be expressed to be taken in the name of Lieutenant Governor – the following shall be inserted, “Provided that before taking any execution action in pursuance of the decision of Council of Ministers or a Minister, to exercise powers of Government, Lieutenant Governor Administration of Chief Commissioner, as the case maybe under any law in force in the Capital, the opinion of Lieutenant Governor in term of Proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor”.
“The 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 the LG before issuing order thereon,” it said.
The Bill has been brought to give an effect to the interpretation made by the Supreme Court which says that the city government need not obtain the occurrence of Lieutenant Governor on day-to-day issues.
“The said Bill will promote harmonious relations between the legislature and the executive, and further define the responsibilities of the elected government and the LG, in line with the constitutional scheme of governance of National Capital Territory of Delhi, as interpreted by the hon’ble Supreme Court,” the statement of objects said.