An Overview of the Government of NCT of Delhi (Amendment) Act, 2021

At its core, this Act enhances the powers of the Lieutenant Governor (LG) of the NCT of Delhi, while simultaneously curtailing the influence of the elected government. The Act also brings clarity to certain aspects of the Government of National Capital Territory of Delhi Act, 1991.

• The Act introduces amendments to the Government of National Territory of Delhi Act, 1991.
• It grants the LG greater authority in some areas, while ensuring the accountability of the Delhi Legislative Assembly.
• According to the Act’s objectives and rationale, it is designed to eliminate any ambiguity regarding which matters or proposals need to be presented to the LG before orders can be issued.
• The Act also seeks to “further define the responsibilities of the elected government and Lieutenant Governor (LG) in Delhi”.

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Background to the Government of NCT of Delhi (Amendment) Act, 2021

In 1991, Delhi was granted a fully elected legislative assembly and a responsible government through a constitutional amendment. The 69th Constitutional Amendment Act of 1991 accorded the Union Territory of Delhi a special status, renaming it as the ‘National Capital Territory of Delhi’ and appointing its administrator as the Lieutenant Governor (LG). Despite being a Union Territory, Delhi was considered a special case and given a unique constitutional status by the Parliament.

Specific Provisions of the GNCT Act

The Government of NCT of Delhi (Amendment) Act, 2021 has introduced several key provisions. Some of these include:

• The term ‘government’ as mentioned in any law enacted by Delhi's legislative assembly will now refer to the LG.
• The Act grants discretionary powers to the LG even in matters that fall under the purview of the Legislative Assembly.
• An additional clause added to Section 44 of the 1991 Act mandates that the government must obtain the LG's opinion on all matters before any executive action can be taken.

Why was the Government of NCT of Delhi (Amendment) Act, 2021 Needed?

According to the government, the Act was necessary due to the lack of a structural mechanism for the effective and timely implementation of Section 44 of the 1991 Act. It also aimed to clarify what matters needed to be submitted to the LG before implementation.

Concerns Regarding the Government of NCT of Delhi (Amendment) Act, 2021

The opposition parties and the Aam Aadmi Party (AAP), which is currently in power in Delhi, have expressed concerns about the enactment of the GNCT Amendment Act, labelling it as unconstitutional. They argue that the amendments aim to diminish the power of the democratically elected government in Delhi and could potentially undermine the country's federal nature.

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