Explainer
On Monday, the Centre tabled a new Bill in the Lok Sabha, which is an amendment to the Government of National Capital Territory of Delhi Act, 1991.
Updated : Mar 16, 2021, 05:59 PM IST | Edited by : Karishma Jain
The Aam Aadmi Party (AAP) on Tuesday announced that it will protest against the Centre's move to amend the Government of National Capital Territory of Delhi (Amendment) (GNCTD) Bill-2021, at the Jantar Mantar on Wednesday.
What is NCT bill?
Delhi is a Union Territory with a legislature and came into being in 1991 under Article 239AA of the Constitution. As per the existing Act, the Legislative Assembly of Delhi has the power to make laws in all matters except public order, police and land.
On Monday, the Centre tabled a new Bill in the Lok Sabha, which is an amendment to the Government of National Capital Territory of Delhi Act, 1991, and also seeks to better define the role of the Council of Ministers and the L-G in Delhi.
The Bill gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws.
According to the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, the "government" in the city would mean the "Lieutenant Governor" in context of any law to be made by the legislative assembly.
The bill that was introduced by Union Minister of State for Home G Kishan Reddy in Lok Sabha makes it mandatory for the Delhi government to take the opinion of the Lieutenant Governor (LG) before any executive action in the national capital.
The bill also stated the legislative assembly shall not make any rule to enable itself or its committees to consider the matters of day-to-day administration of the national capital or conduct inquiries in relation to the administrative decisions.
"Any of the rule made in contravention of this proviso, before the commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, shall be void," it said.
The Bill proposes to amend Sections 21, 24, 33 and 44 of the 1991 Act.
Why is Congress and AAP against the NCT Bill?
The Congress and the Aam Aadmi Party have opposed the proposed amendments to the Government of National Capital Territory of Delhi (Amendment) Bill-2021, moved in the Lok Sabha.
Congress has termed the bill as retrograde, anti-democratic and an insult to the people of Delhi.
Taking to Twitter on Tuesday, senior Congress leader P Chidambaram said: "The demand is for enlarged legislative powers to Delhi and the will of the people. On the contrary, the proposed amendments will make the Delhi government less than a municipality and rob the people of any kind of representative government."
"Under the proposed amendments, the L-G appointed by the Central government will become a Viceroy exercising all powers according to the wishes of his master.
"The people must resist the amendments. The Opposition must vote against the amendments."
Under the proposed amendments, the LG appointed by the central government will become a Viceroy exercising all powers according to the wishes of his master.
— P. Chidambaram (@PChidambaram_IN) March 16, 2021
Whereas, Delhi Chief Minister Arvind Kejriwal also hit out at the Centre regarding the Bill on Monday. "After being rejected by the people of Delhi (8 seats in Assembly, 0 in MCD bypolls), BJP seeks to drastically curtail powers of elected government through a Bill in LS today. We strongly condemn BJP's unconstitutional and anti-democracy move," the CM had tweeted.
"The Bill is contrary to the Constitution Bench judgement which said that files will not be sent to LG. Elected government will take all decisions and send only the copy of decision to the LG," Kejriwal had added.
The Bill says-
— Arvind Kejriwal (@ArvindKejriwal) March 15, 2021
1. For Delhi, “Govt” will mean LG
Then what will elected govt do?
2. All files will go to LG
This is against 4.7.18 Constitution Bench judgement which said that files will not be sent to LG, elected govt will take all decisions and send copy of decision to LG https://t.co/beY4SDOTYI
Deputy Chief Manish Sisodia also had alleged that the bill would stall Delhi's progress by giving undue powers to the LG.
AAP announced that it will protest against the Centre's move to amend the GNCTD Bill-2021, at the Jantar Mantar on Wednesday.
"AAP will hold a massive protest against (the) BJP's anti-Constitution move of trying to curtail the powers of Delhi's elected govt by amending the GNCTD Act," the party said in a tweet.
Earlier in the day, AAP MPs protested in Parliament`s premises at Gandhi statue against the Bill.