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

Experts said all files on governance, decisions taken by the cabinet, proposed projects, welfare schemes, etc, will have to be sent to the LG first for his opinion before implementation.

A month after Parliament passed a controversial bill giving sweeping powers to Delhi’s Lieutenant Governor (LG), the Centre on Wednesday notified a law that makes his prior opinion a must before every executive action by the Arvind Kejriwal-led Delhi government, and every legislative action by the state assembly.

Delhi chief minister Arvind Kejriwal with Lt Governor of Delhi Anil Baijal at a meeting in 2020. (HT archive)

An order by the LG’s office on Wednesday evening -- hours after the amended Government of National Capital Territory of Delhi (Amendment) Act, 2021 was notified -- said that matters on which his opinion will have to be obtained include those falling under any law with respect to any matter in the state or concurrent lists. It also mentioned “subordinate legislations i.e. rules, regulations, schemes, bylaws”, and establishment, constitution or reconstitution of statutory bodies such as authorities, boards, committees, commissions, etc, under laws made by the legislative assembly.

“Matters relating to recommendations of the Delhi finance commission” and “grant of parole under the Delhi Prisons Act” were also part of the order. Matters specified under Rule 23 of the Transaction of Business of the Government of NCT were also mentioned.

According to the new law, passed by Parliament on March 24, “government” in Delhi now means the LG.

Aam Aadmi Party (AAP) leaders and other opposition parties have criticised the new law, saying it obstructs the functioning of an elected government.

Delhi chief minister Arvind Kejriwal has termed the passage of the bill an “insult” to the people of the national capital. His deputy Manish Sisodia has also attacked the Centre, alleging that it was feeling insecure as Kejriwal was “emerging as an alternative” to Prime Minister Narendra Modi.

The Centre has said that the Act promotes “harmonious relations between the legislature and the executive, and further define the responsibilities of the elected government and the Lieutenant Governor, in line with the constitutional scheme of governance of Delhi, as interpreted by the Supreme Court”.

Union minister of state for home G Kishan Reddy said in Parliament last month that Delhi is not a full-fledged state and does not have full powers.

“Bringing this law was necessary to remove ambiguities because Delhi is a UT (Union Territory) and the powers of L-G are different from state governors,” another official said, asking not to be named.

On July 4, 2018, the Supreme Court ruled that the L-G cannot interfere in every decision of the Delhi government and must act on aid and advice of the council of ministers.

The Centre has, however, said the new act seeks to clarify the expression of government in order to give effect to the interpretation made by the Supreme Court.

Its amendment has not been challenged in court yet.