NEW DELHI: A Bill that seeks to give more discretionary powers to the Delhi lieutenant-governor (L-G) will be introduced in the Lok Sabha on Monday. Union Home Minister Amit Shah will table The National Capital Territory of Delhi (Amendment) Bill, 2021, which proposes to clearly spell out the functions of the Council of Ministers and the L-G.
One of the provisions of the Bill says the L-G can act in his discretion in any matter related to the All India (Civil) Services and the Anti - Corruption Branch, which is beyond the purview of the Legislative Assembly of Delhi. The validity of any decision taken as per such discretion shall not be questioned. Sources said the proposed amendments also specify that the elected government needs to send legislative proposals to the L-G at least 14 days in advance to seek his opinion and avoid any delays.
The Bill may revive the tussle between the Modi government at the Centre and the current Aam Aadmi Party (AAP) dispensation in Delhi, which are often at loggerheads over jurisdiction in administrative matters. The Union Cabinet had in February approved the proposed amendments to the Government of NCT of Delhi Act, prompting the Arvind Kejriwal government to call it a “murder of constitutional democracy”.
Deputy Chief Minister Manish Sisodia had alleged that the Bill would “snatch the power of Delhi’s elected government and give it to the Centre- appointed L-G”. The constant run-ins between the Centre and the Kejriwal government started soon after the AAP came to power in 2015. The then L-G Najeeb Jung demanded to see all the files while CM Kejriwal directed bureaucrats not to bother.
With bureaucrats caught in the crossfire, the matter reached a head when then chief secretary Anshu Prakash alleged assault by some AAP MLAs at a meeting at Kejriwal’s residence. Another flashpoint was when Kejriwal and some of his ministers sat on a dharna at L-G’s residence for nine days in 2018. The AAP has repeatedly accused the Centre of interfering in the Delhi government’s functioning and trying to curtail its powers through the L-G.
SC ruling settled power tussle
The power tussle between Delhi government and the L-G reached the Supreme Court in 2017 and a constitution bench ruled in July 2018 that the lieutenant-governor cannot “interfere in every
decision of the Delhi government”. “The L-G is the administrative head but can’t act as an obstructionist,” the top court said.