Big blow for Kejriwal as Lok Sabha passes National Capital Territory of Delhi (Amendment) Bill 2021

New Delhi: The Lok Sabha on Monday passed the Government of National Capital Territory of Delhi(Amendment) Bill, 2021, which enhances the powers of the Lieutenant Governor and limits the elected government’s powers in some respects.

The Bill amends the Government of National Capital Territory of Delhi Act, 1991 which provides a framework for the functioning of the Legislative Assembly and the government of the National Capital Territory of Delhi.

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 passed by Lok Sabha pic.twitter.com/wGsFqRR1yw

— ANI (@ANI) March 22, 2021

The Bill amends certain powers and responsibilities of the Legislative Assembly and the Lieutenant Governor. It further seeks to ensure that the Lieutenant Governor is necessarily granted an opportunity to exercise the power in select category of cases.

It also gives power to LG to make rules in matters which falls outside the preview of the Delhi Legislative Assembly. It has a provision that all executive action will be expressed to be taken in the name of the Lieutenant Governor.

The statement of objects and reasons of the bill states that the bill seeks to clarify the expression “Government”, which in the context of legislation to be passed by the Legislative Assembly of Delhi, shall mean the Lieutenant Governor of the National Capital Territory of Delhi, consistent with the status of Delhi as a Union territory to address the ambiguities in the interpretation of the legislative provisions.

It says that the Government of National Capital Territory of Delhi Act, 1991 was enacted to supplement the provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi.

Section 44 of the Act deals with the conduct of business and “there is no structural mechanism provided in the Act for effective time-bound implementation of the section”. “Further, there is no clarity as to what proposal or matters are required to be submitted to Lieutenant Governor,” it said.