DH Deciphers | Elected govt vs L-G: Why is the Centre bringing a new Bill on Delhi?

Opening a new front in the Centre vs states battle, the Narendra Modi government tabled the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, in the Lok Sabha on March 16. The Bill states that the expression 'government', in the context of legislation passed by the Delhi legislative assembly, shall mean the Lieutenant-Governor. Once passed, the Bill will enable the Centre to override the Supreme Court's July 4, 2018, verdict that gave the Delhi government the primacy in legislations. The ruling AAP and the Congress have opposed the Bill, saying it usurps the elected government's legislative powers.

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Here's what you need to know

What's the issue?

The union territory of Delhi has an elected legislature by way of Articles 239AA and 239AB, which were inserted into the Constitution through the 69th amendment in 1991. The Government of National Capital Territory of Delhi (GNCTD) Act, 1991, supplements the Articles 239AA and 239AB in outlining the distribution of power between the Delhi assembly and the LG, who is appointed by the central government. The Delhi assembly can legislate on all matters except land, police and public order. The AAP, which wants full statehood for Delhi, has been at loggerheads with the Centre over the LG's powers. The Supreme Court ruled in favour of the Delhi government. The Bill seeks to clearly define LG's powers and make him the principal authority in certain matters.

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What had changed after the Supreme Court judgement?

The Supreme Court had said that the LG's concurrence was not needed in issues other than police, land and public order but that these matters needed to be communicated to him. The court also said that the LG should act in the aid and advice of the council of ministers. Following the judgement, the Delhi government had stopped sending files regarding executive decisions to the LG.

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What does the new Bill say?

The statement of objectives and reasons says that the Bill seeks to ensure that the LG gets to exercise his constitutional powers "in a select category of cases and also to make rules in matters which incidentally encroach upon matters falling outside the preview of the legislative assembly". The assembly will also not make any rule to enable itself or its committees to consider the day-to-day administration of the capital. At the centre of the controversy is the amendment to Section 44 of the GNCTD Act which states that the Delhi government must seek the opinion of the LG before taking any executive action.

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What is the Centre's argument?

The Ministry of Home Affairs says there is no structural mechanism in the GNCTD Act for effective and time-bound implementation of Section 44. There is also no clarity as to what proposals or matters are required to be submitted to the LG before issuing orders.

What objections have been raised by the AAP-led Delhi government?

Delhi Chief Minister Arvind Kejriwal says the BJP is seeking to drastically curtail the powers of the elected government through an "unconstitutional" Bill after being rejected by people in elections. He argues what the elected government will do if the government means the LG. Deputy Chief Minister Manish Sisodia said the amendments would have a dangerous impact on the federal structure.

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What about the BJP and the Congress?

The Delhi BJP welcomed the Bill and dismissed the allegation that it is usurping power through the backdoor. Even after the amendment, 75% of the administrative work and powers would rest with the Delhi government, Delhi BJP president Adesh Gupta said. Congress called the bill undemocratic, saying it will curtail the powers of an elected government.