An Extraordinary Legislative

Context: Critical analysis of the Government of NCT of Delhi (Amendment) Bill, 2021.

Contents of the Bill: Amendments to Article 239AA

• Re-positioning the Government: Expression “Government” referred to in any law to be made by Legislative Assembly in Delhi shall mean “Lieutenant Governor”.
  • It vests in the Lieutenant Governor the power to refuse assent and reserve a Bill passed by the Legislative Assembly for the consideration of the President if, in his opinion, Bill incidentally covers any of matters which fall outside the purview of Assembly’s powers.
• Check on executive action: The opinion of the Lieutenant Governor shall be obtained on all executive matters of Delhi.

Criticisms against the Bill

• Violation of separation of power: Basis of the amendment is to overrule a recent Supreme Court judgment by Parliamentary takes over of judicial functions.
• Against Supreme Court interpretations:
  • Govt. of NCT of Delhi v. Union of India (2018): Democratically elected Government shall have adequate powers, and in matters of difference of opinion between Council of Ministers and Lieutenant Governor, power to refer to President shall be an exceptional option and only applied to uphold constitutional morality.
  • Samsher Singh v. State of Punjab (1974): Ruled against the deification of any individual like Lieutenant Governor, which renders elections to become “Dead Sea fruits”.
• Undemocratic precedence: the voice of the citizen could not go unrecognised with elected Government having no adequate powers.
• May induce administrative chaos: Wider scope of administrative breakdown when democratic Government replaced by a nominee of the Central Government, who will occupy the office at its pleasure.
• Violation of Doctrine of pith and substance: Overreaching Parliamentary powers and subsuming constitutional morality under technical interpretations.
• Implications of India’s global image: Delhi is India’s image and an undemocratic administrative breakdown in dent India’s global ambitions as a leader of democracy.