Government of National Capital Territory of Delhi (Amendment) Act 2021 Comes Into Force

Government of National Capital Territory of Delhi (Amendment) Act 2021 Comes Into Force

The Government of National Capital Territory of Delhi (Amendment) Act, 2021 (Act) redefines 'Government of Delhi' as the 'Lieutenant Governor'. The Act has come into force on 27 April 2021. The notification to that effect was published in the official gazette by the Central Government.

A month after the Parliament passed the Government of National Capital Territory of Delhi (Amendment) Bill, the Act came into force on 27 April 2021. The Act gives primacy to the Lieutenant Governor (L-G) over the elected government in the city.

The notification was signed by the Additional Secretary, Govind Mohan, that reads, "In exercise of the powers conferred by sub-section (2) of section 1 of the Government of National Capital Territory of Delhi (Amendment) Act, 2021 (15 of 2021), the Central Government hereby appoints the 27 April 2021, as the date on which the provisions of the said Act shall come into force".

On 28 March 2021, President Ram Nath Kovind had given his assent to the National Capital Territory of Delhi (Amendment) Act, 2021.

The Amendment Act enhances the powers of the Lieutenant Governor while limiting the elected government's powers in some respects. This amendment was brought to give effect to the 'interpretation made by the Supreme Court in Government of NCT of Delhi v. Union of India.'

The object of the Act is to ensure that the Lieutenant Governor is necessarily granted an opportunity to exercise the power entrusted to him under proviso to clause (4) of Article 239AA of the Constitution of India, in a select category of cases.

Article 239AA of the Constitution deals with 'special provisions with respect to Delhi', the Act seeks to ensure that the Lieutenant Governor can make rules in matters which incidentally encroach upon matters falling outside the preview of the Legislative Assembly.

Key points of the Act

- The Act provides that the term 'Government' will now refer to the Lieutenant Governor.

- It ensures to extend the powers of Lieutenant Governor over Delhi.

- The provisions of the Act are retrospective in nature.

- Now, it is compulsory for the Government of Delhi to take the opinion of the Lieutenant Governor before taking any executive action.

The Act aims to promote harmonious relations between the legislature and the executive and further define the responsibilities of the elected Government and the Lieutenant Governor, in line with the constitutional scheme of governance of the National Capital Territory of Delhi, as interpreted by the SC.