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.
