New Delhi: Amid the worsening situation due to Corona infection in Delhi, the Central Government has issued a notification to implement the GNTCD Act in Delhi. The notification by the Ministry of Home Affairs states that – ‘Government of the National Capital Territory of Delhi (Amendment) Act, 2021 is notified with effect from 27 April; Now in Delhi the meaning of the government is Lt. Governor.
The notification, issued with the signature of Additional Secretary Govind Mohan in the Ministry of Home Affairs, said, “The Central Government exercising the powers vested in sub-section-2 of section one of the Delhi National Capital Territory Government (Amendment) Act, 2021 (15 of 2021). Implements the provisions of the Act with effect from 27 April 2021.
It was passed by the Rajya Sabha on 24 March during the budget session. According to the central government, in the context of the legislation passed in the Delhi Legislative Assembly, ‘Government’ will mean the Lieutenant Governor of the National Capital Territory of Delhi. In this, the situation of Delhi will be in the Union Territory so that the ambiguities in the election of legislative provisions can be noted. In this regard, a subsection will be made in section 21.
What is in law?
The law states that the lieutenant governor must be given the opportunity to use the power entrusted under clause 4 of article 239A of the constitution in the selected category in cases. The objectives of the law state that the said law will promote a cordial relationship between the Legislature and the Executive and define the responsibilities of the elected government and governors in accordance with the constitutional scheme of governance of the National Capital Territory of Delhi.
This law was opposed by the Aam Aadmi Party government in Delhi. The Delhi government had cited the decision of the Supreme Court, arguing that the Delhi government is accountable to the public. Delhi Deputy CM Manish Sisodia had opposed the Centre’s law by referring to a decision. Let the Supreme Court say in a decision that the government should be accountable to the public.
What did the Supreme Court say in its decision?
The SC had said that the government should be available to the public and the elected government is supreme. The cabinet only has real power. The Supreme Court had said that the states have got freedom in the federal structures. The bench headed by then CJI Deepak Mishra had said that there should be coordination of powers. Power cannot be concentrated in one place.
The bench had said that it is not possible for Delhi to get full statehood. Delhi is a union territory and exclusive rights cannot be given to the state government. It was said that the Lieutenant Governor is the administrator of Delhi. It has to be shown to LG before and after enactment of the law. Democratic values are supreme. The constitution should be followed.
The SC had said that if there is a difference of opinion between the cabinet and LG, then the matter should be referred to the President. Center and state relations should be cordial. The court had said that the three issues would be subject to Land, Law and Order and Police Center and the law of Parliament would be supreme.
