Capital Punishment

Context: At a time when the Freedom House report has downgraded India as a “partly free” country, and V-Dem’s report has termed India an “electoral autocracy”, the NCT Bill, 2021, introduced in the Lok Sabha last week, will further dent our international reputation.

Background: The NCT of Delhi (Amendment) Bill, 2021 vests more powers on Lieutenant Governor (LG) (unelected representative). 

Negative Implications of NCT of Delhi (Amendment) Bill, 2021

• Revival of British-era: e.g. The Government of India Act, 1935 intends to give over-riding powers to Governor-General, which was opposed by the freedom fighters.
• Negates Cooperative Federalism:
  • The LG will not require to act on the advice of the council of ministers.
  • It strips the legislative assembly and committees of their constitutional powers – 
    • They cannot consider the matters of day to day administration or conduct inquiries in relation to administrative decisions.
    • It has a retrospective effect; therefore, rules made prior to the bill will become void. 
    • The government has to seek LG’s opinion before taking any executive action.
• Upturns the fundamental principles laid down by a Supreme Court judgement in 2018: 
  • The fundamental principles are-
    • Constitutionalism (or the concept of limited powers) as its central idea of liberal constitutional democracy.
    • Highest Importance to people - by vesting more powers on elected representatives.
    • Promote “constitutional objectivity”: for creating checks and balances between the legislature and executive.

Conclusion: Before passing such bills in parliament, evolving consensus should be consistent both with federalism as well as the high principles laid down by the Supreme Court.