Delhi govt challenging GNCTD Act amendments: delhi government vs lg supreme courtOn September 15, 2021 by admin
- There is a petition in the Supreme Court against giving more powers to the LG
- Delhi government pleads for early hearing
- Delhi government’s argument – law was made contrary to SC’s decision
The Delhi government’s petition challenging the grant of more powers to the LG may be heard soon. The Supreme Court will soon order a hearing list on that petition. Appearing before a bench headed by Chief Justice NV Raman of the Supreme Court, Senior Advocate AM Singhvi said that the application filed in the matter should be heard expeditiously.
Arguing on behalf of the Delhi government in the Supreme Court, it was said that contrary to the decision given by the Constitutional Bench of the Supreme Court, this law has been made, under which more powers have been given to the LG. The new law was passed in the Lok Sabha on March 22 and in the Rajya Sabha on March 24. A bench headed by Chief Justice NV Raman told the petitioner that it would give an early decision on listing the petition for hearing.
Did the Center amend the Supreme Court’s decision?
In this case in the Supreme Court, the Deputy Chief Minister of Delhi has filed an application on behalf of the Delhi Government and made the Ministry of Home Affairs and Law Ministry of the Government of India as respondents. In the application filed by the petitioner, it has been said that changes have been made in sections 21, 24, 33 and 44 of the GNCTD Act (Government of National Capital Territory of Delhi Act). Along with this, the rules of business transactions have also been changed. Due to these amendments, the authority of the elected government of Delhi has been undermined. It has been said in the petition that Delhi has an elected government and assembly and has a cabinet but their authority has been reduced after legal amendments from the Parliament. In a way, the Central Government has made this amendment on the judgment given by the Supreme Court in this case, while it cannot be allowed.
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What did the Delhi government say
The petitioner Delhi Government said in the application filed in the Supreme Court that on July 4, 2018, the Constitutional Bench of the Supreme Court in its decision had said that the Delhi Council of Ministers will inform the LG about its decision, but it does not mean that the consent of the LG is necessary. . In its decision, the Supreme Court had said that the LG has no right of its own. He will either act on the advice of the Council of Ministers or he will refer some special case to the President. There is a constitutional mandate under Article 239AA that the legislature of Delhi shall be accountable to the people.
what in the new law
The petition also states that the Government of National Capital Territory of Delhi (Amendment) Bill 2021 was introduced in the Lok Sabha on March 15, 2021 and under it the GNCTD Act 1991 was amended and the law passed under it said It has been said that the government in Delhi will mean LG i.e. any law which the assembly makes will mean LG. The LG was given the right to keep certain bills with him for the consideration of the President. The Act also states that the executive action taken by the Delhi government on the advice of the ministers will be in the name of the LG. In some cases, LG’s opinion will be mandatory. On March 28, the President’s assent was received for this and the amended Act came into force.
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The Delhi government has appealed to the Supreme Court that the amendment made under Section 21, 24, 22 and 44 of the GNCTD Act should be repealed and declared unconstitutional. The changes made in the business transaction rules and the facts added should be declared unconstitutional.
Judgment of the Constitutional Bench of 4 July 2018
The Supreme Court had said in its decision that the LG would not work independently. If there is an exception, he can refer the matter to the President and will follow the decision taken by the President, that is, he will not take any decision himself. A five-judge Constitutional Bench of the Supreme Court has set a parameter for the administration in the capital Delhi. The apex court had interpreted Article 239AA. Under Article 239AA, it is mandatory for the LG to act on the advice of the Council of Ministers or refer the matter to the President. He will not decide the matter independently.
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The Delhi High Court had called the LG the administrative boss of Delhi. This decision was challenged by the Delhi government in the Supreme Court. The Delhi government got a huge relief from the Supreme Court. The five-judge Constitutional Bench said that the LG cannot act as a hindrance. The five judges, led by the then Chief Justice Dipak Misra, unanimously ruled that the LG in Delhi would act on the advice of the Council of Ministers and not take the decision himself. If there is an exception in any case, then refer the President. The court said that the status of the LG in Delhi is not the same as that of the governor of the state. He is an administrator.
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Also know before the High Court’s decision
The Delhi government had challenged the decision of the Delhi High Court, in which the High Court, in its historic decision in August 2016, had said that the capital Delhi is still a union territory and a special provision was made for it under Article 239 AA of the Constitution. In this way, there is an LG administrator in the capital Delhi. All those decisions taken by the Delhi government were declared illegal by the court, which were taken without the consent of the LG. It was also said that LG is the administrative head in Delhi.
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