Amend in NCTD Act may lead to fresh tussle between Delhi Govt and LG


New Delhi, Mar 15 (IANS): Delhi Deputy Chief Minister Manish Sisodia on Monday accused the Bharatiya Janata Party (BJP)-led Central government of an attempt to run the Delhi government through the backdoor, giving more power to the Lieutenant Governor. The reaction came after the National Capital Territory of Delhi (Amendment) Bill-2021 was moved in the Lok Sabha.

Sisodia termed the Centre's move undemocratic and unconstitutional and questioned what was the need for an elected government when it has no power to decide on any subject. "This amendment by the BJP is an attempt by the Centre to govern Delhi by the back door. There should be a legislative assembly for the National Capital Territory of Delhi. This Assembly should have the power to make laws for the whole and any part of the subjects list that matters in Delhi," Sisodia said.

While citing Article 239AA of the Constitution, Sisodia added, "There shall be a legislative assembly for the national capital. This Assembly shall have power to make laws for the whole and any part of the subject except public order, land and the police. After this amendment, Delhi government will be dependent on LG office on every single file to get necessary approval from it before implementing. What is the meaning of having an elected government and the Council of Ministers when it has no power? Sisodia added.

Delhi is a Union Territory with a legislature and came into being in 1991 under Article 239AA of the Constitution. As per the existing Act, the Legislative Assembly of Delhi has the power to make laws in all matters except public order, police and land.

The Centre moved a bill in the Lok Sabha on Monday where it proposed that government in the national capital territory of Delhi means the Lieutenant Governor of Delhi. The Bill gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws.

The proposed legislation also seeks to ensure that the Lieutenant Governor is necessarily granted an opportunity to give her/his opinion before any decision taken by the Council of Ministers or the Delhi Cabinet is implemented.

The Aam Aadmi Party-led Delhi government has on many occasions challenged the BJP-ruled Central government regarding administrative matters in the Capital. The Bill proposes to amend Sections 21, 24, 33 and 44 of the 1991 Act.

The Centre's move may lead to another faceoff between the elected government and the LG's office as both (AAP government and the LG) have been at loggerheads over administrative issues.

Earlier in the day, Delhi Chief Minister Arvind Kejriwal had opposed the Centre's move writing on his social media account. "After being rejected by ppl of Del (8 seats in Assembly, 0 in MCD bypolls), BJP seeks to drastically curtail powers of elected govt thro a Bill in LS today. Bill is contrary to Constitution Bench judgement. We strongly condemn BJP's unconstitutional n anti-democracy move ," Kejriwal tweeted.

Another AAP legislator Raghav Chadha tweeted, "The Bill introduced in Parl today is an unholy attempt to curtail powers of democratically elected Govt with highest mandate in India's electoral history. It is an affront not only to the will of the people but to the spirit of federalism - an inseparable part of basic structure.

 

  

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Title: Amend in NCTD Act may lead to fresh tussle between Delhi Govt and LG



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