The presidential approval was received by the government for the NCT Delhi Amendment Bill, in March 2021. The bill was passed by both Lok Sabha and Rajya Sabha in Parliament. The Act has introduced some amendments to the government of NCT Delhi Amendment Bill. This article deals with the essential provisions of the GNCT Act.
Timeline of NCT Delhi Amendment Bill
In the Lok Sabha, the NCT Delhi Amendment Bill, 2021 was introduced on 15th March 2021 and was passed on 22nd March 2021 by the Lok Sabha. Rajya Sabha granted its assent on 24th March 2021. The Act has proposed wireframing for the performance of the government of the NCT Delhi Amendment Bill and the Legislative Assembly. As a result, it has changed parts of the Lieutenant Governor's and Legislative Assembly's authorities and responsibilities.
NCT Delhi Amendment Bill - Key Points
- Sections 21, 24, 33, and 44 of the 1991 Act were revised by the NCT Delhi Amendment Bill 2021. The Lieutenant-Governor of Delhi was defined as the "government" in the National Capital Territory of Delhi by the Act.
- As a result, the L-G has discretionary powers even in the areas where the Legislative Assembly of Delhi has the authority to establish legislation.
- It has intended to guarantee that the L-G is "necessarily allowed" to express their views before any Council of Ministers (or Delhi Cabinet) decision is put into effect.
- It prohibits the Assembly or its committees from enacting regulations to deal with day-to-day administrative issues or conducting inquiries into administrative judgments.
History of NCT Delhi Amendment Bill
The GNCTD Act was passed in 1991 to "supplement constitutional provisions related to the NCT Delhi Amendment Bill's Legislative Assembly and Council of Ministers." It facilitated the formation of a democratically elected administration in Delhi.
The Supreme Court has previously praised the 1991 developments, stating that the true purpose of the (69th Amendment) Act, of 1991 was to establish a democratic and representative form of government.
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NCT Delhi Amendment Bill - Some More Facts
- The 69th Amendment was ratified in 1992.
- It added two additional Articles 239AA and 239AB, which grant special status to the Union Territory of Delhi.
- The Union Territory of Delhi shall be known as the NCT Delhi Amendment Bill, and its administrator shall be recognized as Lt. Governor, according to Article 239AA.
- It also establishes a legislative assembly for Delhi, which has the power to enact legislation on issues covered by the State List and Concurrent List, except for public order, land, and police.
- Article 239AB provides that the President might issue an order suspending the operation of any provision of Article 239AA, as well as all or part of any statute enacted under that article. This clause is analogous to Article 356 (President's Rule).
Need for an NCT Delhi Amendment Bill
However, over the years, there has been tension between the Chief Minister and the Lieutenant Governor (L-G) regarding power-sharing issues and in the event of a disagreement between the L-G and the Council of Ministers on any topic, the L-G was empowered to send the matter to the President for his decision, and awaiting such a decision, the L-G was empowered to take any action on the matter that he felt appropriate.
NCT Delhi Amendment Bill - Final Call
The Supreme Court of India ruled in the matter of the Government of NCT Delhi Amendment Bill versus Union of India and Others in 2018 that:
- The government was not required to seek the approval of L-Gs before making any decisions.
- Any disputes between them should be handled in light of the representative government's constitutional primacy and cooperative federalism.
Therefore, the Supreme Court's decision effectively made it impossible for the L-G to send such problems to the President.
FAQs on NCT Delhi Amendment Bill
Q1. Which sections were revised under the NCT Delhi Amendment Bill?
Sections 21, 24, 33, and 44 of the 1991 Act were revised by the NCT Delhi Amendment Bill 2021.
Q2. When was the presidential approval given for the NCT Delhi Amendment Bill?
The presidential approval was received by the government of the NCT Delhi Amendment Bill, in March 2021.
Q3. Who passed the NCT Delhi Amendment Bill?
The NCT Delhi Amendment Bill was passed by both Lok Sabha and Rajya Sabha in Parliament.
Q4. What was included in the NCT Delhi Amendment Bill?
The NCT Delhi Amendment Bill has introduced some amendments to the government of the NCT Delhi Amendment Bill.