Delhi NCT Amendment Bill 2021 PDF | Key Points & Highlights

Delhi NCT Amendment Bill 2021 PDF | Key Points & Highlights – Recently, the central government introduced the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 in the Lok Sabha to amend the Government of National Capital Territory of Delhi Act, 1991. It aims to “further define the responsibilities of the elected government and Lieutenant Governor (LG) in Delhi”.

The central government announced about the presidential assent to the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 through a gazette notification .

Delhi NCT Amendment Bill 2021 PDF | Key Points & Highlights

Government of National Capital Territory of Delhi Act, 1991 Delhi’s current status as a Union Territory with a Legislative Assembly is an outcome of the 69th Amendment Act through which Articles 239AA and 239BB were introduced in the Constitution. The Government of National Capital Territory of Delhi (GNCTD) Act was passed simultaneously to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital. For all practical purposes, the GNCTD Act outlines the powers of the Assembly, the discretionary powers enjoyed by the LG, and the duties of the Chief Minister with respect to the need to furnish information to the LG.

Salient features of the NCT of Delhi (Amendment) Bill 2021

The NCT of Delhi (Amendment) Bill mainly aims to amend four clauses of the Government of National Capital Territory of Delhi Act, 1991 (GNCTD Act 1991). They are,

Section 21 – This section deals with the restrictions on laws passed by the Legislative Assembly concerning certain matters.

• The Bill provides that the term “government” referred to in any law made by the Legislative Assembly will imply Lieutenant Governor (L-G).

Section 24 – This section deals with assent to Bills passed by the Legislative Assembly. The L-G will reserve the bills for the consideration of the President in a few matters. It includes bills that diminish the powers of the High Court of Delhi, the President directed the L-G to reserve a bill, etc.

• The NCT of Delhi (Amendment) Bill requires the L-G to reserve bills for the President that incidentally cover any of the matters outside the purview of the powers of the Legislative Assembly.

Section 33- It mentions that the Legislative Assembly will make rules to regulate the procedure and conduct of business in the Assembly.

• The 2021 NCT bill states that such rules must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha.

Section 44 – It deals with the conduct of business. Accordingly, all executive decisions taken by the elected government should be under the L-G’s name.

• The 2021 bill empowers the L-G to specify his suggestions on certain matters. His opinions has to be taken before making any executive action on decisions of the Minister/ Council of Ministers.

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Need of the Amendment:

• For Structural Clarity: The Ministry of Home Affairs’ statement on “objects and reasons” of the Bill stated that Section 44 of the 1991 Act deals with conduct of business and there is no structural mechanism for effective time-bound implementation of the said section.
• Also, there is no clarity as to what proposal or matters are required to be submitted to Lieutenant Governor before issuing order thereon.
• Section 44 of the 1991 Act says that all executive actions of the LG, whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the LG.