Why GNCT of Delhi (Amendment) Act, 2021 in News?

The Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021,  gives primacy to the Lieutenant Governor (L-G) over the elected government in the city, has come into force.

What are the Key Provisions of GNCT of Delhi (Amendment) act?

-It amended the Sections 21, 24, 33 and 44 of the 1991 Act.

-The amendment States that the “government” in the National Capital Territory of Delhi meant the Lieutenant-Governor of Delhi.

- The amendment  gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws.

- The amendment  seeks to ensure that the L-G is “necessarily granted an opportunity” to give her or his opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented.

- The amendment  bars the Assembly or its committees from making rules to take up matters concerning day-to-day administration, or to conduct inquiries in relation to administrative decisions.

Why the amendment is Criticized?

- The amendment is against the spirit of ‘Federalism.

-The  amendment has greatly reduce the autonomy of Delhi government by making it imperative to hold consultations with the L-G even when a situation demands urgent action.

-The L-G is not obliged to give his opinion to the State government within a time frame. 

-The L-G could politically exploit these  powers to hamper the government’s administrative work .

 Views in favor of amendment-

-The above amendment is attuned with the Supreme Court’s July 2018 ruling on the ambit of powers of the L-G and the Delhi government .

-The amendment  will increase checks and balances and administrative efficiency of Delhi and will ensure better relationship between the executive and the legislator.