NEW DELHI: The Supreme Court on Monday agreed to list for hearing Delhi government’s plea against the new law, which allegedly gives primacy to Delhi’s Lieutenant Governor (L-G) over the elected government.
Senior advocate Abhishek Manu Singhvi, representing the government, sought urgent hearing on the plea. A bench headed by Chief Justice N V Ramana said, “We will list it”.
Singhvi submitted before the bench that the Government of National Capital Territory (Amendment) GNCTD Act 2021 is contrary to the constitution bench judgement of the Supreme Court.
He added it is “against Article 239A under the Constitution”.
Singhvi submitted that the extra power given to the L-G has made governance difficult.
The Lok Sabha and the Rajya Sabha passed the GNCTD Act on March 22 and March 24, respectively. Singhvi further added that the Aam Aadmi Party government plea should be listed, as it was cleared by the apex court’s registry on August 19.
The act has changed four provisions of the National Capital Territory of Delhi Act, 1991.
According to the act, the expression ‘Delhi Government’ referred to in any law to be made by the UT’s Legislative Assembly shall mean the Lieutenant Governor.
The plea has alleged that the amended law gives more power to the LG over the elected government. Earlier, the Rajya Sabha witnessed an uproar on the issue when AAP accused the Modi government of bypassing the elected Delhi Assembly by bringing an ‘unconstitutional” bill to empower the L-G.
More power to L-G over elected government
According to the Senior advocate, the GNCTD Act is contrary to the constitution bench judgement of the Supreme Court and is against Article 239A of the constitution