Why in News ?

The Government of National Capital Territory (GNCTD) Amendment Act, 2021 has come into force after being passed by the Lok Sabha and Rajya Sabha and after the assent of the President of India. The Amendments to GNCTD Act made under the Sections 21, 24, 33 and 44 of the Act.

Key Facts

• The objective of the Amendment Act is to make it more relevant to the needs of the Capital.
  • Further define the responsibilities of the elected Government and the Lt. Governor (LG)
  • Create a harmonious relationship between the Legislature and the Executive.
  • The Amendment would ensure better governance in the NCT of Delhi
  • Lead to improved implementation of schemes and programmes meant for the common people of Delhi.
• The amendments are consistent with the existing legal and constitutional provisions, and are in line with the judgements of the Hon’ble Supreme Court
• Amendments to the GNCTD Act, 1991 do not alter the constitutional and legal responsibilities of the elected Government.

Amendments to GNCTD Act

• The expression ‘Government’ referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.
• Act grants the LG to exercise his power ‘entrusted to him under proviso to clause (4) of Article 239AA’ in selected cases.

Article 239AA of the Constitution of India deals with the special provisions for the National Capital Territory of Delhi.

• The Act makes it compulsory for the Government in Delhi to obtain the opinion of the LG on all executive matters.
• LG to reserve certain Bills passed by the Legislative Assembly for the consideration of the President on matters
  • Which may diminish the powers of the High Court of Delhi.
  • Which the President may direct to be reserved.
  • Dealing with the salaries and allowances of the Speaker, Deputy Speaker, and members of the Assembly and the Ministers.
  • Relating to official languages of the Assembly or the NCT of Delhi.
• The Bill prohibits the Legislative Assembly from making any rule to enable itself or its Committees to
  • Consider the matters of day-to-day administration of the NCT of Delhi
  • Conduct any inquiry in relation to administrative decisions.
  • Further, the Bill provides that all such rules made before its enactment will be void.

Opposition in related to the bill

Enhance the powers of the lieutenant governor (LG) by making changes to the Government of National Capital Territory of Delhi Act, 1991. It is claimed that this will restrict the National Capital Elected Government to act freely

Source : PIB
GS II    : Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

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