Delhi govt moves SC against Centre giving more power to governor

The Delhi government seeks quashing of four amended sections of the 'Government of National Capital Territory of Delhi Act' and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’ saying that they violate the doctrine of the basic structure of the constitution

New Delhi:The Delhi Government has moved the Supreme Court seeking the quashing of the four amended sections of the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’ that gave more power to the Lieutenant Governor than the elected government of the people of Delhi.

The Delhi Government has contended in the petition that amended sections of the GNCTD Act diminish the constitutionally guaranteed powers and functions of the elected legislative assembly and council of ministers of Delhi; overturn the constitutionally stipulated balance between the Delhi Government and the Union Government; and overrule the judgment of the Constitution Bench of the Supreme Court in ‘Government of NCT of Delhi v Union of India, (2018)’.

Further, it was stated that the amendments by the Centre are an attempt to treat the Lt. Governor as the ‘default administering authority over the elected government.

It added: “The provisions inserted by the Amendment Act violate the principles of federalism, separation of powers, representative democracy, and the rule of law, which are essential features of the Constitution. Therefore, the Amendment Act violates the “Basic Structure” of the Constitution,” the petition stated.

It is noteworthy that in 2016, disputes and differences arose between the LG and the Delhi Government in respect of powers, duties and governance. Later, the matter was taken to court.

The Constitutional Bench of the Supreme Court had in that matter held that the Council of Ministers shall inform all its decisions to the Lt Governor but that does not mean that the concurrence of the Lt Governor is required.

On March 15 2021, the Central Government introduced the GNCTD Act Amendment Bill in the Lok Sabha; this bill received the assent of the President and became the GNCTD (Amendment) Act 2021, on March 28, 2021. Later, in July, the Transaction of Business of Government of National Capital Territory of Delhi (Amendment) Act came into force.