Government of National Capital Territory of Delhi (Amendment) Act 2021 | State PSC Study Notes

Government of National Capital Territory of Delhi (Amendment) Act 2021

The GNCTD Act empowers the Lieutenant Governor of Delhi by declaring him the "Government of Delhi". Henceforth, the Chief Minister of Delhi, Arvind Kejriwal and his cabinet will have to seek the approval of LG before executing policies. With this, Delhi has effectively been reduced to a Union Territory. According to the legislation, the "government" in Delhi means the "Lieutenant Governor".

Highlights

• The GNCT of Delhi Act, 1991, amends a legislation that provides framework for functioning of the Delhi Legislative Assembly. It also amends and re-defines Delhi Government as the Lieutenant Governor (LG).
• The GNCTD Act provides that opinion of LG “shall be obtained” on all such matters as may be specified by the LG, before taking any executive action."
• The Act curbs the Delhi Assembly's power to conduct its proceedings.
• The Act provides that the Rules made by the Delhi Legislative Assembly to regulate the procedure and conduct of business in the Assembly must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha.

Background

In 2018, the Supreme Court in its judgement had said that LG is an administrative head in a limited sense and not a Governor. It also highlighted that LG is not bound by the aid and advice of NCT Govt in areas other than those exempted.

The Apex Court had observed that the elected representatives and the Council of Ministers of Delhi must have the appropriate powers to perform their functions effectively and efficiently as they are accountable to the voters of Delhi.

It was held that the Parliamentary form of government is based on the principle of "collective responsibility" of the cabinet.

Ironically, this centralisation through GNCTD Act is being implemented when it is becoming increasingly clear that better governance lies in decentralising administration. The pandemic has highlighted the need for agile responses that are more sensitive to local variables and needs.

At a time like this, the Centre needs to push and coordinate while enabling and supporting states framing their specific response. So far, the nation's response to the pandemic has missed this judicious balance — it has reflected neither the level of autonomy nor the amount of synergy needed between Centre and state for a federal polity to meet such a formidable challenge.

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