The Ministry of Home Affairs (MHA) introduced the “Government of NCT of Delhi (Amendment) Bill, 2021 in the Lok Sabha on March 15, 2021.
Provisions of the bill
The bill proposes that the “Government” in the national capital territory of Delhi means “Lieutenant Governor” (L-G) of Delhi. It provides for the discretionary powers to L-G of Delhi even in matters where the law-making power rests with the Legislative Assembly of Delhi. The proposed bill further seeks to ensure that the L-G is “necessarily granted an opportunity” in order to give opinion before any decision of the Council of Ministers or Delhi Cabinet is implemented. The Bill was introduced in order to amend sections 21, 24, 33 and 44 of Act of 1991.
Background
Delhi is a Union Territory with legislature. The UT was established in the year 1991 in accordance with Article 239AA of the Constitution. This article was inserted by the Sixty-ninth (Amendment) Act, 1991 of the constitution. The existing laws provides that the Legislative Assembly of Delhi has the power to make laws in all matters excluding the police, public order and land.
Section 44 of the 1991 Act
This section of the act states that; all the executive actions of the L-G, whether it is taken on the advice of his Ministers or any other ways, shall be taken in the name of L-G.
Article 239AA
This of the Constitution mandates that the Council of Ministers will aid and advise the L-G in matters where the Legislative Assembly has been empowered to make laws except those matters where the L-G exercises his discretion.