Driving Delhi To The Ground

Context: GNCTD Act, 2021 violates fundamental principles of the Indian Constitution and federalism.

Features of Government of the National Capital Territory of Delhi (GNCTD) Act, 2021

• Redefines ‘government’: Going forward, use of the word ‘government’ in any law in Delhi will refer not to elected government but, instead, to the lieutenant governor (LG) appointed by central government.
• Limits the powers of legislature: Prohibit and subordinate Delhi legislature to Parliament, constraining its hitherto sovereign power to conduct its internal business.
• Widened the powers of LG: Allow the LG to specify a list of matters where his opinion must mandatorily be obtained before the elected government can take any action.

Critique of the GNCTD Act:

• Irresponsible and duplicitous: While it is clear that GoI intends that the buck in Delhi stop with the LG, but the loss of life in Delhi amid pandemic is linked to the Delhi government’s inadequacies.
  • A constitutional skulduggery and political cowardice: As they have been passed in the middle of a pandemic to curtail the powers of an elected government while continuing to lay moral responsibility at its door.
• Denude the elected representatives:
  • The SC in ‘Government of NCT of Delhi v Union of India’ 2018 was categorical in underlining that representative government is the foundation of Indian democracy.
  • Only in ‘exceptional circumstances’ can the LG, an unelected authority, act in his discretion and refer any decision taken by the elected government to the president.
  • However, the LG has been made the ‘government’ despite his office being unrepresentative.
• Blow to the harmonious construction: The amendments affect the trust that the Constitution places on elected governments (here through Article 239AA) to respect one another and work with each other to serve the interest of citizens.

Conclusion:

• Instead, if GoI genuinely wants to have the power to improve Delhi’s governance, it can have it, but only with its corresponding obligations.
• The primary blame for the deaths of the Delhiites must lie at the door of its appointee, the LG. After all, he is the ‘government’.