The Delhi government has moved the Supreme Court seeking quashing of four amended sections of the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 of the ‘Rules for the Transaction of Business of the Government of National Capital Territory of Delhi’ . 1993′.
The petition was filed on August 10. It was mentioned orally for an early hearing by the AAP government, represented by senior advocate AM Singhvi, on September 13 before a bench headed by Chief Justice of India NV Ramana.
The Delhi government has argued that the amended Act violates the “basic structure of the Constitution” and that the Center, through the amendments, has given more power to the Lieutenant Governor than the elected government of Delhi.
In the petition, the Delhi government has challenged the constitutionality of sections 21, 24, 33, 44 of the GNCTD Act, 1991 and the constitutionality of rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49. . 52 and 57 of the Transactions of Business of the GNCTD Rules, 1993.
LG-Gov. Controversy
In 2016, disputes and differences arose between the LG and the Delhi government regarding powers, duties and governance, following which the matter was taken to court.
The Constitutional Bench of the Supreme Court had then held that the Council of Ministers would communicate all its decisions to the Lieutenant Governor but this would not mean that the consent of the LG is required.
On March 15 this year, the Center introduced the GNCTD Act Amendment Bill in the Lok Sabha, which later received the President’s assent to become the Government of the National Capital Territory of Delhi (Amendment) Act 2021. Later, in July, the Transactions of the Government of National Capital Territory of Delhi’s Business (Amendment) Act came into force.
The AAP government has argued that the amended sections of the GNCTD Act dilute the constitutionally guaranteed powers and functions of the elected legislature.
They also, they have argued, reverse the constitutionally prescribed balance between the Delhi government and the central government as they have allegedly set aside the Supreme Court’s Constitution Bench judgment in ‘Government of Delhi v Union of India, 2018’ .
The city government has argued that the amendment is an attempt to treat the LG as the “default governing authority” over the NCT of Delhi by “equating the LG’s position with that of the government”.
He also authorized the LG, seeking the Delhi government’s argument to withdraw assent to bills which, in his judgment, may be “by chance” outside the scope of the legislative powers of the assembly.
According to the petition, the amendments empowered the Lieutenant Governor to intervene in the day-to-day administration of the Delhi government by introducing the need to obtain the views of the Lieutenant Governor before executing the decision of the Council of Ministers.
The Delhi government further sought to argue that the new laws encroach upon the scope of the main legislative functions of the Delhi Assembly, interfering with the assembly’s power to make rules of its own business or to hold the government to account, Which was a major task. of a legislature.
“The provisions inserted by the Amendment Act violate the principles of federalism, separation of powers, representative democracy and rule of law, which are essential features of the Constitution. Therefore, the Amendment Act violates the basic structure of the Constitution,” the petition said.
The city government strongly sought to argue that the Transactions of Business Amendment Rules of the Government of National Capital Territory of Delhi weakened and divided the executive powers of the elected government by transferring powers to the LG and secretaries in government in derogation of the representative. Huh. Form of Government as envisaged under Article 239-AA of the Constitution of India.
The AAP government has sought a direction, order or writ from the court to declare and quash sections 21, 24, 33, 44 of the GNCTD Act, 2021 as unconstitutional and ‘ultra vires’.
It also urged that rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49, 52 and 57 of the Government of National Capital Territory of Delhi’s Transaction of Business Rules, 1993, as amended / to be declared unconstitutional by the Transaction of Business of the Government of National Capital Territory of Delhi (Amendment) Rules, 2021.
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