Changes To The GNCTD Act Unconstitutional Will Affect The Functioning Of The Delhi Government
Arvind Kejriwal (Photo Credit: File)
The National Capital Territory of Delhi (GNCTD) Amendment Bill is against the Constitution. This will have a huge impact on the functioning of the Delhi government. After this bill is passed, the government elected by the people of Delhi will have no meaning, and the lieutenant governor will become the government of Delhi. Apart from going against the Constitution, the bill will also give LG more powers over subjects other than police, land, and public order. The powers of the elected Delhi government will be transferred to the LG, that is, the decision of the LG will be considered as the final authority.
Delhi government will be stripped of the right to make decisions
The administration of the new law would increase LG’s powers. The elected government of Delhi would not have the right to make decisions in the interest of the people of Delhi. The Bill also says that the Delhi government will have to send all the files to the LG for approval and sanction.
Discussion with LG mandatory before making any decision
The Delhi government will have to discuss with the Lieutenant Governor before making any decision. The Kejriwal government will not have the powers to enact any law. If the LG does not permit or pass files, the AAP government will not be able to work for the development of the people, and the remote control of the works of the Delhi government will be with the LG. The LG will be able to make decisions on all matters at his discretion.
Delhi cabinet will be bound to take approval from the LG
The implementation of the new act will also end the role of the Kejriwal cabinet. The Lieutenant Governor’s approval will be mandatory before taking any decision in the cabinet. The Kejriwal government will not have the right to take independent decisions.
The bill has been brought despite a clear decision by the Supreme Court
In its order three years ago, the Constitutional Bench of the Supreme Court had clearly distinguished the powers of the elected government and LG. The bill introduced by the Central government will be against constitutional democracy. On July 4, 2018, the Constitutional Bench of the Supreme Court, while defining article 239 AA of the Constitution, said that the government elected by the people of Delhi has the right to decide on all subjects of the state and concurrent lists besides three subjects, police, land and public order. The decision also said that the LG will not interfere with the decisions of the Delhi government.
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First Published : 17 Mar 2021, 04:53:15 PM