NEW DELHI: Taking the confrontation with the Delhi government a step further, Lieutenant-Governor (L-G) Vinai Kumar Saxena on Wednesday asked the Legislative Assembly Speaker to ensure “constitutional compliance” with the GNCTD (Amendment) Act, 2021.
The Government of National Capital Territory of Delhi (Amendment) Act, 2021, assents to Delhi’s L-G over the elected government. According to the legislation, the “government” in Delhi means the “L-G”.
According to sources in the L-G office, even after 14 months of the GNCTD (Amendment) Act, 2021 coming into effect, the Delhi Assembly kept necessary amendments in its ‘Rules of Procedure and Conduct of Business’ pending.
“The L-G has been reviewing the constitutional compliance in the governance of the city. He has been stressing on abiding by the constitution, so as to ensure that the people of the city benefit by the over-arching vision of the Constitution that aims at bringing about seamless socio-economic transformation in the lives of the people. It was recently noticed by him that even after the GNCTD (Amendment) Act 2021 coming into effect from April 27, 2021, the Delhi Assembly has not complied with the provisions thereof,” said an official from the L-G office, on the condition of anonymity.
Sub-section (1) of Section 33 of the GNCTD Act, 1991, called “Amendment Act”, provides for – the Legislative Assembly may make rules for regulating, subject to the provision of this Act, its procedure and the conduct of its business (which shall not be inconsistent with the Rules of Procedure and Conduct of Business in the House.
Reacting to the allegations, Assembly speaker Ram Niwas Goel in an official statement said that the amendment to the GNCTD Act made by Parliament has been challenged by the Delhi government on the ground that it violates article 239AA and makes the system “non-functional”.
The GNCTD Act was amended by the Indian Parliament in 2021, which gave more power of the national capital territory in the hands of the Centre