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Delhi HC issues notice on plea challenging constitutional validity of GNCTD Amendment Act

The petition challenged the Government of NCT of Delhi (Amendment) Bill, 2021, which received the assent of the President on March 28, 2021, seeking a stay on the Amendment Act, in view of the prevailing pandemic conditions.

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The Delhi High Court on Tuesday issued notice on a plea, challenging the constitutional validity of the GNCTD Amendment Act, which has enhanced the powers of the Lt Governor in Delhi over the elected government.

The petition challenged the Government of NCT of Delhi (Amendment) Bill, 2021, which received the assent of the President on March 28, 2021, seeking a stay on the Amendment Act, in view of the prevailing pandemic conditions.

KC Agarwal, Counsel for the petitioner, said that a similar petition has been filed, in which a notice has been issued. He further submitted that he has filed this petition when the Act had not come into force.

According to the petitioner this enactment purports to implement, the decision of the Supreme Court of India with the stated objective of promoting harmonious relation between the legislature and executive and further define the responsibility of the elected government and Lieutenant Governor.

The petition submitted that the said enactment is not only contrary to the law laid down by the Supreme Court in the Government of NCT of Delhi vs Union Of India C.A. No. 2357 of 2017 but also is contrary to the principal of Republican and Democratic system as enunciated by Apex Court in the case of Keshwanand Bharti vs State of Kerala (1973).

Provision of Section 33 of this Act prohibits the Delhi Legislative Assembly from its work of Legislation as it prohibits tje Legislative Assembly from making any rule to enable itself or its Committees to consider the matter of day to day administration of capital or even to conduct inquiries on administrative decisions.

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Petitioner prayed to the Court to declare the said enactment unconstitutional to the extent it violates the Constitution of Indivmmmmmma.

The petition is tagged with another similar matter in which notice was issued earlier and the both will be heard on June 4, 2021, together.

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