Kareena Eugene
On Wednesday, 28th April 2021, the Central Government notified the Government of National Capital Territory of Delhi (Amendment) Act, 2021 with effect from the 27th of April.
This law gives sweeping powers to the Lieutenant Governor of Delhi by declaring them to be the “Government of Delhi”.
It also provides that the Lieutenant Governor’s opinion “shall be obtained” before taking any executive action on decisions made by the Council of Ministers of the Delhi Government, on all matters as may be specified by the Lieutenant Governor.
it is pertinent to note that the notification was released when the Centre and the Delhi Government were sparring against each other over issues related to the COVID-19 pandemic in the National Capital which also included the supply of oxygen cylinders.
On March 24th, the Parliament had passed the ‘contentious Bill’.
The salient features of the Act are that the Act amends the Government of National Capital Territory of Delhi Act, 1991, which is a legislation that provides frameworks for the functioning of the Delhi Legislative Assembly and reformulates the Delhi Government as the Lieutenant Governor.
The act prohibits the Legislative Assembly from making any rule that will enable itself or the Committee to consider matters related to everyday administration of the NCT of Delhi and to conduct an inquiry which is in relation to the administrative decisions.
It also incorporates provisions that add restraints to the Delhi Assembly’s powers to conduct its proceedings, as per the rules of the proceedings made by it.
One of the provision provides that the opinion of the Lieutenant Governor’s opinion must be obtained before taking any executive action on decisions of Delhi Government, as is specified by them.