In News:

• The Central government told the Supreme Court that Delhi, the nation’s capital and a sprawling metropolis, should be under its control.
• The Centre was justifying the intent behind the Government of National Capital Territory of Delhi (Amendment) Act or GNCTD Act of 2021.

Background

• The Delhi government contends that the amended GNCTD Act diminish the constitutionally guaranteed powers and functions of the elected legislative assembly.
• Hence, it filed an appeal in the Supreme Court to quash
  • the amended sections of the GNCTD Act and
  • several Rules of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.
• A three-judge Bench led by CJI N.V. Ramana is hearing a plea by the Delhi government

What’s in Today’s Article:

• Government of National Capital Territory of Delhi (Amendment) Act – About, key provisions, 1991 Act
• News Summary

In Focus: Government of National Capital Territory of Delhi (Amendment) Act - GNCTD Act of 2021

About

• GNCTD Act 2021 was introduced in Lok Sabha in 2021. It amends the Government of National Capital Territory of Delhi Act, 1991. 
• The 1991 Act provides a framework for the functioning of the Legislative Assembly and the government of the National Capital Territory (NCT) of Delhi.
• GNCTD Act 2021 amends certain powers and responsibilities of the Legislative Assembly and the Lieutenant Governor.

Key Provisions

• Restriction on laws passed by the Assembly
  • GNCTD Act 2021 provides that the term “government” referred to in any law made by the Legislative Assembly will imply Lieutenant Governor (LG).
• Rules of Procedure of the Assembly
  • The 1991 Act allows the Legislative Assembly to make Rules to regulate the procedure and conduct of business in the Assembly.
  • GNCTD Act 2021 provides that such Rules must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha.
• Inquiry by the Assembly into administrative decisions
  • GNCTD Act 2021 prohibits the Legislative Assembly from making any rule to enable itself or its Committees to:
    • Consider the matters of day-to-day administration of the NCT of Delhi
    • Conduct any inquiry in relation to administrative decisions.
• Assent to Bills
  • GNCTD Act 2021 requires the LG to reserve certain Bills passed by the Legislative Assembly for the consideration of the President. These include bills:
    • which may diminish the powers of the High Court of Delhi,
    • which the President may direct to be reserved,
    • dealing with the salaries and allowances of the Speaker, Deputy Speaker, and members of the Assembly and the Ministers,
    • relating to official languages of the Assembly or the NCT of Delhi,
    • which incidentally cover any of the matters outside the purview of the powers of the Legislative Assembly.
• LG’s opinion for executive actions
  • The 1991 Act specifies that all executive action by the government, whether taken on the advice of the Ministers or otherwise, must be taken in the name of the LG.
  • GNCTD Act 2021 adds that on certain matters, as specified by the LG, his opinion must be obtained before taking any executive action on the decisions of the Minister/ Council of Ministers.

GNCTD Act 1991

• It was enacted to supplement provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi.
• Together with 69^th Amendment act, the GNCTD act ensured the process of an elected government in Delhi.
  • 69th Amendment Act, 1992 added two new Articles 239AA and 239AB.
  • Article 239AA deals with creation of a legislative assembly for Delhi which can make laws on subjects under the State List and Concurrent List except on these matters: public order, land, and police.
    • It also provides for a Council of Ministers for Delhi consisting of not more than 10% of the total number of members in the assembly.
  • Article 239AB provides that the President may by order suspend the operation of any provision of Article 239AA.

News Summary

• The Centre told the Supreme Court it needs to have control over administrative services in Delhi as it is the national capital and the face of the country.

Stand taken by the Centre in SC

• The national capital should be under Centre’s control
  • Delhi cannot be left to the small mercies and smaller resources of a State legislature.
  • The model of governance of the NCT of Delhi would invariably requires the Union government to play a central role.
  • Delhi is the face of the nation. The world views India through Delhi.
  • Hence, it is necessary that the Centre has special powers over its administration and has control over important issues.
• The models of governance for other UTs were not appropriate for NCT of Delhi
  • Centre said that a committee called the Balakrishnan Committee was set up.
  • The committee was set up to suggest an appropriate governance model, which could balance the need of the Union’s role and at the same time provide platform for democratic aspirations of the people.
  • The committee recommended that Delhi should continue to be a UT. But there must be a Legislative Assembly and Council of Ministers responsible to the said Assembly with appropriate powers.
    • Based on this report, the Constitution (69th) Amendment Act and the Government of National Capital Territory of Delhi (GNCT) Act, 1991 were passed.
  • Matter should be referred to Constitutional bench
    • The government said that the issue of who should control administrative services in Delhi be referred to a Constitution Bench for a holistic interpretation.

Contention of Delhi Government

• The Delhi government has contended that the amendments in 2021 violate the doctrine of basic structure of the Constitution.
• The Centre, through its amendments, has given more power to the Lieutenant Governor (LG) than the elected government of the people of Delhi.
  • As per the Delhi govt, the amendments by the Centre were an attempt to treat the LG as the default administering authority over the NCT of Delhi.
    • It has done so by equating the position of the LG with that of the elected government.
  • It also contends that the amendment authorised the LG to withhold consent from bills that, in his judgment, may be incidentally outside the scope of the Assembly’s legislative powers.
  • The amendments, as per the Delhi govt, empowered the LG to interfere in the day-to-day administration of the Delhi government.
    • The amendment has introduced the requirement of obtaining the LG’s views before executing a decision of the Council of Ministers.
• The Delhi government has also opposed the Rules of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.
  • As per the Delhi govt, this encroaches on the scope of the Assembly’s core legislative functions by interfering with the power of the House to frame its own rules of business.