Top court agrees to list Delhi govt’s plea against GNCTD Act

The Lok Sabha and the Rajya Sabha passed the GNCTD Amendment Act in March. In March, after the Parliament approved the bill, Delhi chief minister Arvind Kejriwal had termed it as a “sad day for Indian democracy”.

The Supreme Court on Monday agreed to consider listing the Delhi government’s petition against the new law for the National Capital Territory (NCT) that gives primacy to the Lieutenant Governor in several executive and legislative matters.

Singhvi submitted that the Government of National Capital Territory (Amendment) Act 2021, or GNCTD Act, is contrary to the constitution bench judgement of the Supreme Court. (Reuters)

“We will list it,” Chief Justice of India NV Ramana told senior advocate Abhishek Manu Singhvi, who appeared for the Delhi government and sought an urgent hearing. The CJI, however, did not specify a date of hearing.

Singhvi submitted that the Government of National Capital Territory (Amendment) Act 2021, or GNCTD Act, is contrary to the constitution bench judgement of the Supreme Court.

He added, “It is against Article 239A (which deals with the status of Delhi) under the Constitution...the extra power given to the LG has made governance difficult.”

The senior counsel also said that the Aam Aadmi Party (AAP) government’s plea should be listed urgently, as it was cleared by the apex court’s registry on August 19.

The Lok Sabha and the Rajya Sabha passed the GNCTD Amendment Act in March. In March, after the Parliament approved the bill, Delhi chief minister Arvind Kejriwal had termed it as a “sad day for Indian democracy”.

The amended Act has changed four provisions of the National Capital Territory of Delhi Act, 1991. The new law makes it mandatory for the Delhi government to seek the opinion of the LG before taking any executive action in pursuance of decisions by the council of ministers, or any other decision under any law in force in the Capital.

Another contentious amendment seeks to invalidate retrospectively rules made by the legislative assembly of Delhi or committees/house panels to consider the matters of “day-to-day administration of the Capital” or conduct inquiries in relation to the administrative decisions.

The Delhi government, in its petition before the top court, has maintained that the 2021 law is contrary to two judgments by the Supreme Court: a Constitution bench verdict on July 4, 2018 and a two-judge bench decision on February 14, 2019.

It has demanded that such provisions should be struck down as being unconstitutional.