Government of National Capital Territory of Delhi (Amendment) Act, 2023

The Government of National Capital Territory of Delhi (Amendment) Act, 2021 is an amended version of the Government of National Capital Territory of Delhi Act, 1991. GNCTD Act 1991 was an act to increase the provisions of the Constitution. The provisions were related to the Council of Ministers and Legislative Assembly for the National Capital Territory of Delhi. The GNTD Act of 1991, which governs the National Capital Territory of Delhi, is connected to Article 239AA of the Constitution. The GNCT of Delhi (Amendment) Act 2021 amended Sections 21, 24, 33, and 44 of the GNCTD Act,1991. The GNCT of Delhi (Amendment) Act 2021 gives powers to the Lieutenant Governor over the elected government.

What is the Government of National Capital Territory of Delhi (Amendment) Act?

Government of National Capital Territory of Delhi (Amendment) Act, 2021 is an act that creates a power tussle between the Chief Minister and Lieutenant Governor. It gives powers to the Lieutenant Governor over the elected government of Delhi. The Government of National Capital Territory of Delhi (Amendment) Act, 2021 is an amended version of the Government of National Capital Territory of Delhi Act, 1991. The act gave more powers to the lieutenant governor and diminished the powers of elected government. The act also aims to define the responsibilities of LG and the Delhi Government. The act wanted to bring transparency in the working of the Delhi Government. The act has now created a power tussle between the LG and Delhi governments.

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

The Union Territory of Delhi was granted a special status by the 69th Constitutional Amendment Act of 1991. It renamed it as ‘National Capital Territory of Delhi’ and appointed its administrator as the Lieutenant Governor (LG). Delhi was considered a special case despite being a Union Territory and given a unique constitutional status by the Parliament.

Need for the Government of NCT of Delhi (Amendment) Act, 2021

The need for the GNCT of Delhi (Amendment) Act was because of the following reasons:

• There was no time-bound mechanism for the implementation of section 44 of the 1991 Act.
• Transparency was needed on matters which needed to be submitted to LG before implementation.

GNCT of Delhi (Amendment) Act 2021 Provisions

The provisions of GNCT of Delhi (Amendment) Act 2021 includes the following:

• The act barred the Legislative Assembly and its committees from making rules regarding issues that concern daily conduct or administration.
• GNCT of Delhi (Amendment) Act 2021 amended Sections 21, 24, 33 and 44 of the GNCTD Act 199. According to legislation the “government” means Lieutenant Governor.
• The act sought to ensure that the Lieutenant Governor must be granted an opportunity to give opinions before any decision taken by the Delhi Cabinet or Council of Ministers is implemented.
• The Lieutenant Governor now has discretionary powers even in matters where the Legislative Assembly of Delhi has powers to make laws.

Criticism of GNCT of Delhi (Amendment) Act, 2021

The criticism faced by GNCT of Delhi (Amendment) Act, 2021 is stated below:

• The Act is against the spirit of Federalism.
• The amended act will reduce the efficiency in the working of the Delhi government, especially when matters are urgent.
• The Lieutenant Governor is not obligated to give an opinion to the state government within a time limit and thus critics argue that the Lieutenant Governor can exploit this power.
• There is power-sharing friction between the Chief Minister and Lieutenant Governor.
• It curtails the powers of a democratically elected government.

Stand of Union Government on GNCT of Delhi (Amendment) Act, 2021

The stand taken by Union Government regarding GNCT of Delhi (Amendment) Act,2021 is stated below:

• The Act will ensure better relations between legislators and executive.
• The Act will enhance public accountability and transparency.
• The Act will ease the technical ambiguities.

Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023

The President in May 2023 promulgated an ordinance Government of National Capital Territory of Delhi (Amendment). Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 aims to change the powers of the elected government of Delhi and restore some powers to the Lieutenant Governor. It will give more powers to the Lieutenant Governor. The Supreme Court handed over the control of services in Delhi excluding public order, police and land. The ordinance seeks to set up a National Capital Civil Service Authority (NCCSA).

Issues with the Government on GNCT of Delhi (Amendment) Ordinance

The issues related to Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 are as follows:

• The issue of Triple Accountability: Civil servants are accountable to the cabinet, the cabinet is accountable to the Legislative Assembly and the Legislative Assembly is accountable to the electorate. It undermines the core of democracy.
• Struggle for Power: Struggle for power between the Lieutenant Governor and the elected Government.
• Inefficient Governance: It will affect the delivery of public services and welfare.

Conclusion

There should be an expert committee having constitutional, administrative and legal experts. Both central and state governments should hold dialogues and negotiations. It is important to note that the Supreme Court can consider the ordinance under judicial review. It is important to maintain the federal nature of the nation.

FAQs on Government of National Capital Territory of Delhi (Amendment) Act

Q. What is the Government of National Capital Territory of Delhi amendment Act 2021?

The Government of National Capital Territory of Delhi Amendment Act 2021 prohibits the Legislature from making any rule concerning itself or its Committees to consider the matters of daily administration of the NCT of Delhi and to conduct any inquiry concerning administrative decisions.

Q. Which constitutional amendment was Delhi given the status of National Capital Territory?

The 69th Constitutional Amendment is a landmark in Delhi’s history. Delhi got a Legislative Assembly after the enactment of the National Capital Territory Act, 1991.

Q. Is the Government of National Capital Territory of Delhi amendment bill 2023 passed in Lok Sabha?

On 19th December, the Parliament passed the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023. The bill will grant more powers to the Lieutenant Governor

Q. Which act declared the Union Territory of Delhi to be formally known as the National Capital Territory of Delhi?

According to the 69th Amendment, the name of the Union Territory of Delhi was changed to the National Capital Territory of Delhi. The Act established a legislative assembly in Delhi but it had limited powers

Q. What is Delhi Ordinance Bill 2023 UPSC?

The ordinance aims to give the Lieutenant Governor (LG) more power over the administration of the national capital of Delhi. The ordinance also aims to nullify the Supreme Court’s verdict to strengthen the role of the Lieutenant Governor (LG) in the administration of Delhi.