- The Ministry of Home Affairs (MHA) moved a Bill in the Lok Sabha recently in which it proposed that the “government” in the National Capital Territory of Delhi meant the Lieutenant-Governor of Delhi.
- The Bill gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws.
- The proposed legislation also seeks to ensure that the L-G is “necessarily granted an opportunity” to give heror his opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented.
- Delhi is a Union Territory with a legislature and it came into being in 1991 under Article 239AA of the Constitution inserted by the Constitution (Sixty-ninth Amendment) Act, 1991.
- As per the existing Act, the Legislative Assembly has the power to make laws in all matters except public order, police and land.
Delhi govt. Vs centre:
- The Aam Aadmi Party-led Delhi government has on many occasions challenged the BJP-ruled Centre regarding administrative matters in the National Capital.
- The Bill proposes to amend Sections 21, 24, 33 and 44 of the 1991 Act.
- The MHA’s 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.
- Further, 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 L-G, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the L-G.
SOURCE: THE HINDU,MINT