The bill gives more powers to the Deputy Governor of Delhi, who represents the center
New Delhi:
A bill that gives the center more power over Delhi came one step closer to becoming law today, a setback for the government of Prime Minister Arvind Kejriwal. The Delhi National Capital Territory Government (Amendment) Bill 2021 was passed in the Lok Sabha and will now be addressed in the Rajya Sabha.
The bill gives more powers to the lieutenant governor, the representative of the center in Delhi, compared to the elected city government. It was presented to parliament last week, three years after a constitutional court of the Supreme Court ruled on the dispute between the government of Delhi’s ruling Aam Aadmi Party (AAP) and the deputy governor.
The government stated that the bill “would further define” the responsibilities of the elected government and the lieutenant governor “in accordance with the constitutional scheme of government … as interpreted by the Supreme Court.”
Arvind Kejriwal called the development an “insult” to the people of Delhi.
“The passage of the GNCTD amendment bill in Lok Sabha today is an insult to the people of Delhi. The bill effectively takes powers away from those who were voted by the people and gives powers to rule Delhi to those who were defeated. . BJP has misled the people, “the Chief Minister tweeted.
The passage of the GNCTD amendment bill in Lok Sabha today is an insult to the people of Delhi. The bill effectively takes powers away from those who were voted in by the people and gives powers to run Delhi to those who were defeated. BJP has fooled people
– Arvind Kejriwal (@ArvindKejriwal) March 22, 2021
Arvind Kejriwal, whose AAP won 67 of 70 seats in the 2020 Delhi elections, leaving only three for the BJP and none for Congress, has often accused the BJP of attempting to rule Delhi by proxy, through the lieutenant governor, and of spoil most of your plans and decisions.
The new bill makes clear that the term “government” in any law enacted by the Legislative Assembly will mean the lieutenant governor, whose opinion must be taken before the Delhi government takes any action.
In 2018, a five-judge constitutional court of the Supreme Court held that while the lieutenant governor must be briefed on the decisions of the Delhi cabinet, his consent was not required, except in the case of the police, public order and land. .
“The status of the deputy governor of Delhi is not that of the governor of a state, but remains an administrator, in a limited sense, working with the appointment of deputy governor,” the justices had said.
The judges had ruled that the lieutenant governor is “subject to the assistance and advice of the council of ministers” and that “the lieutenant governor has not been entrusted with any independent decision-making powers.” He had to “act with the help and advice of the council of ministers or implement the decision made by the president on a reference he made.”
If there is any difference of opinion between the elected government and the lieutenant governor, then it could be referred to the president.
The new bill will hit Kejriwal the hardest, who has led the Delhi government since 2015 under the shadow of the center’s veto. The AAP government power struggle with Najeeb Jung continued with his successor Anil Baijal. In 2018, the Chief Minister protested in Mr. Baijal’s office after several of his decisions were blocked.
Manoj Tiwari of the BJP dismissed allegations that his party was trying to seize more power. “The bill only aims to remove any confusion. It is not about taking power through the back door. AAP is trying to rule Delhi as a state rather than a Union territory,” he said.
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