Delhi chief minister Arvind Kejriwal with Lt. Governor Anil Baijal. (HT archive)
Delhi chief minister Arvind Kejriwal with Lt. Governor Anil Baijal. (HT archive)

'Doesn't alter...': MHA's clarification on Act making L-G effective in-charge of Delhi

The amendment, which came into effect on April 27, made Delhi’s lieutenant governor the effective in-charge of the national capital.
Written by Prashasti Singh, Hindustan Times, New Delhi
PUBLISHED ON APR 29, 2021 03:58 PM IST

The recent amendments to the Government of National Capital Territory (GNCTD) Act, 1991, do not alter the Constitutional and legal responsibilities of the elected government in respect of the transferred subjects in state and concurrent lists, the Ministry of Home Affairs (MHA) said in a press release on Thursday.

The amendment, which came into effect on April 27, made Delhi’s lieutenant governor the effective in-charge of the national capital and said that the city's government will now have to seek the opinion of the L-G before taking any executive decision. Even if the decision is regarding health, education, agriculture, forest and transport, all state subjects, the city would need to take into consideration the L-G's take on it, before passing it.

Also Read: Law giving more power to Delhi L-G now in force

"The objective of the Amendment is to make it more relevant to the needs of the Capital; further define the responsibilities of the elected government and the Lt. Governor; and, create a harmonious relationship between the legislature and the executive. The Amendment would ensure better governance in the Nation Capital Territory of Delhi and lead to improved implementation of schemes and programmes meant for the common people of Delhi," the release said.

The MHA, in its release, reiterated that the amendment was consistent with the existing legal and constitutional provisions and was in line with the Supreme Court's July 2018 judgement on the powers of the L-G and the government of Delhi. 

"The amendments to the GNCTD Act, 1991, in no way alter the constitutional and legal responsibilities of the elected government to take necessary action, in respect of the subjects transferred to them in the state and concurrent lists of the Constitution of India, including subjects such as health, education, etc," the release added.

After the bill in this regard was passed by the Parliament last month, in the Lok Sabha on March 22 and in the Rajya Sabha on March 24, Delhi chief minister Arvind Kejriwal had said it is a "sad day for Indian democracy".

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