{"id":95996,"date":"2021-03-17T19:45:52","date_gmt":"2021-03-17T14:15:52","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=95996"},"modified":"2021-03-26T15:43:53","modified_gmt":"2021-03-26T10:13:53","slug":"the-government-of-nct-of-delhi-amendment-bill-2021-explained-pointwise","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-government-of-nct-of-delhi-amendment-bill-2021-explained-pointwise\/","title":{"rendered":"The Government of NCT of Delhi (Amendment) Bill 2021- Explained, Pointwise"},"content":{"rendered":"\n
Introduction<\/b><\/h5>\n

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 or the NCT of Delhi (Amendment) Bill 2021 got introduced in Lok Sabha. It amends certain provisions related to the distribution of powers and responsibilities among the L-G (Lieutenant Governor) and the Delhi legislative assembly. The issue of power tussle between the L-G and the elected government of Delhi has come into the limelight again. It is because of the introduction of this bill.<\/span><\/p>\n

Key Provisions related to Delhi<\/b><\/h5>\n
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  1. Delhi\u2019s current status as a Union Territory with a Legislative Assembly is an outcome of the <\/span>69th Amendment Act. <\/b>The act introduced Articles 239AA and 239BB in the Constitution.<\/span>\n
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    • They have created the Union Territory of Delhi with a legislative assembly.<\/span><\/li>\n
    • Further, the administrator appointed under article 239 gets designated as the Lieutenant Governor. There shall be a council of ministers to aid and advise LG.<\/span><\/li>\n
    • Lastly, provisions of public order, police and land are not under the jurisdiction of the Delhi government. The Centre will maintain these provisions.<\/span><\/li>\n<\/ul>\n<\/li>\n
    • Article 239AA(4)<\/b> mandates that <\/span>in case of a <\/span>difference of opinion<\/b> between the L-G and the Council of Ministers, the L-G has to refer the issue to the President.<\/span>\n
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      • Until the decision is pending before the President, the L-G can use his discretion to take immediate action if urgency requires him\/her to take an action.<\/span><\/li>\n<\/ul>\n<\/li>\n
      • The <\/span>GNCTD Act 1991 <\/b>got\u00a0passed to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital. <\/span>The act outlines few important provisions such as:\u00a0<\/span>\n
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        • the powers of the Assembly<\/span><\/li>\n
        • the discretionary powers enjoyed by the L-G\u00a0<\/span><\/li>\n
        • duties of the Chief Minister with respect to the need to furnish information to the L-G.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ol>\n
          Salient features of the NCT of Delhi (Amendment) Bill 2021<\/b><\/h5>\n

          The NCT of Delhi (Amendment) Bill mainly aims to amend four clauses of the Government of National Capital Territory of Delhi Act, 1991 (GNCTD Act 1991). They are,\u00a0<\/span><\/p>\n

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          1. Section 21 – <\/b>This section deals with the restrictions on laws passed by the Legislative Assembly concerning certain matters<\/span>. <\/b>\n
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            • The Bill provides that the term \u201cgovernment\u201d referred to in any law made by the Legislative Assembly will imply Lieutenant Governor (L-G).<\/span><\/li>\n<\/ul>\n<\/li>\n
            • Section 24 – <\/b>This section deals with assent to Bills passed by the Legislative Assembly.<\/span>\u00a0<\/b>The L-G will reserve the bills for the consideration of the President in a few matters. It includes bills that diminish the powers of the High Court of Delhi, the President directed the L-G to reserve a bill, etc.\n
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              • The NCT of Delhi (Amendment) Bill requires the L-G <\/span>to reserve bills <\/b>for the President that <\/span>incidentally cover any of the matters outside the purview<\/b> of the powers of the Legislative Assembly.<\/span><\/li>\n<\/ul>\n<\/li>\n
              • Section 33- <\/b>It mentions that the Legislative Assembly will make rules to regulate the procedure and conduct of business in the Assembly.<\/span>\n