{"id":210312,"date":"2021-09-15T14:52:20","date_gmt":"2021-09-15T09:22:20","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=210312"},"modified":"2021-11-16T18:43:33","modified_gmt":"2021-11-16T13:13:33","slug":"delhi-govt-gnctd-act-principles-of-federalism","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/top-news-of-the-day\/news\/delhi-govt-gnctd-act-principles-of-federalism\/","title":{"rendered":"Delhi govt moves Supreme Court against Centre\u2019s amendments to GNCTD Act, says Centre violating principles of federalism"},"content":{"rendered":"\n
The Delhi Government has moved the Supreme Court<\/a> 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 as they violate the doctrine of basic structure of the Constitution.<\/p>\n\n\n\n The Centre, through its amendments, has given more power to the Lieutenant Governor than the elected government of the people of Delhi, the Arvind Kejriwal government said in a press release.<\/p>\n\n\n\n The Delhi Government has challenged the constitutionality of Sections 21, 24, 33, 44 of the GNCTD Act, 1991 and Rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49, 52 and 57 of Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.<\/p>\n\n\n\n In 2016, following differences between the LG and the Delhi Government in respect of powers, duties and governance, the Constitutional Bench of the Supreme Court had held that the Council of Ministers shall inform all its decisions to the Lt Governor but that does not mean the concurrence of the Lt Governor is required.<\/p>\n\n\n\n Yet on March 15, 2021, the Centre introduced the GNCTD Act Amendment Bill in the Lok Sabha and passed it; this bill received the assent of the President and became the Government of National Capital Territory of Delhi (Amendment) Act 2021, on 28th March 2021.<\/p>\n\n\n\n Later, in July, the Transaction of Business of Government of National Capital Territory of Delhi (Amendment) Act came into force.<\/p>\n\n\n\n In its petition, the Delhi Government has contended that the amended sections of the GNCTD Act diminish 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<\/a> in \u2018Government of NCT of Delhi v Union of India, (2018)\u2019.<\/p>\n\n\n\n The amendments by the Centre are an attempt to treat the LG as the \u2018default administering authority over the NCT of Delhi\u2019, by equating the position of the LG with that of the \u201cgovernment\u201d, by authorising the LG to withhold consent from bills that, in his judgment, may be \u201cincidentally\u201d outside the scope of legislative assembly\u2019s legislative powers, and by empowering the LG to interfere in the day-to-day administration of the Delhi Government by introducing the requirement of obtaining the LGs views before executing a decision of the Council of Ministers.<\/p>\n\n\n\n The Delhi Government has maintained a firm stance on the fact that the Amendment Act has, in effect, disenfranchised the people of Delhi, and violated their political rights under the Constitution.<\/p>\n\n\n\n The Delhi Government has sought a direction, order or writ declaring and quashing Sections 21, 24, 33, 44 of the Government of National Capital Territory of Delhi Act, 1991 as amended by the Government of National Capital Territory of Delhi (Amendment) Act, 2021 as unconstitutional and ultra vires the Constitution of India.<\/p>\n\n\n\n‘Amendments violate basic structure of Constitution; go against Section 239-AA, Constitutional Bench order’<\/h2>\n\n\n\n