Rajya Sabha passes Government of National Capital Territory of Delhi (A) Act Bill

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The Rajya Sabha on Wednesday passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2021. The Bill enhances the powers of the Lieutenant Governor in the matters of the Delhi Legislative Assembly within the constitutional framework.

The Bill amends the Government of National Capital Territory of Delhi Act, 1991. It amends the powers and responsibilities of the Legislative Assembly and the Lieutenant Governor (L-G).

What does the Act say?
The Bill passed will hand over greater power to the L-G. Now, as per the Bill, the word Government referred to in any law to be made by assembly, shall mean L-G. More so, the ruling government would also be required to obtain the opinion of the L-G before implementing any decision.

The L-G can also specify the matters on which their opinion has to be sought. Moreover, the Bill also specifies that the Assembly or any of its committee cannot conduct inquiries on the administrative decisions. In case rules are made in contravention to it, it will be termed void.

According to the NCT Act of 1991, the Lieutenant Governor may address the Legislative Assembly and for that purpose requires the attendance of members. The amendments in the NCT Act of 2021 empowers the L-G to make rules in subject matters outside the preview of the Delhi Legislative Assembly.

In contrast to this, the amendments in the NCT Act of 2021 ensures that the L-G is given an opportunity to exercise the power in select cases such as in emergency.

The amendment is an attempt to harmonize the relationship between the legislature and the executive in the national capital. The Act will bring the government in power and the L-G in terms of work. In cases of disapproval in decision between the two, the governor would have the power to move to the President of India.