CENTRE VS STATE OF DELHI

1. Context

2. What does the Bill say?

• In the “statement of objects and reasons” section, the Centre claims that the amendment Bill seeks to give effect to the Supreme Court’s interpretation and that it “further defines” the responsibilities of the elected government and the Lt Governor in line with the Constitutional scheme.
• Among the major proposed amendments, one makes it explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G.
• This, essentially, gives effect to former L-G Najeeb Jung’s 2015 assertion that Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution.
• The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

3. What purpose does the 1991 Act serve?

• Delhi's current status as a Union Territory with a legislative Assembly is an outcome of the 69th Amendment Act through which Articles 239AA and 239BB were introduced in the constitution.
• The GNCTD Act was passed simultaneously to supplement in the constitutional provisions relating to the Assembly and Council of Ministers in the national Capital.
• For all practical purposes, the GNCTD Act outlines the power of the Assembly, the discretionary powers enjoyed by the L-G, and the duties of the Chief Minister with respect to the need to furnish information to the L-G.

4. What did the constitutional bench say?

• In its 2018 verdict, the five-judge Bench had held that the L-G's concurrence is not required on issues other than Police, public order, and land.
• It had added that decisions of the Council of Ministers will, however, have to be communicated to the L-G.
• It has to be clearly stated that requiring the prior concurrence of the Lieutenant Governor would absolutely negate the ideas of representative governance and democracy conceived for the NCT of Delhi by Article 239AA of the constitution, the court had ruled.
• The L-G  was bound by the aid and advice of the councils of ministers, it has said.

5. What is a Constitutional Bench?

• Article 145(3) deals with the setting up of a Constitution Bench of the Supreme Court comprising at least five judges to decide any case involving a substantial question of law as to the interpretation of the Constitution.
• This is the second time that a constitutional bench has been set up to decide on issues between the Delhi Government and Delhi's Lieutenant Governor- the Centre's representative in the capital in the past four years.

6. What will change if the amendments are cleared by Parliament?

• Encouraged by the Supreme Court verdict, the elected government stopped sending files on executive matters to the L-G before the implementation of any decision.
• It has been keeping the L-G abreast of all administrative developments, but not necessarily before implementing or executing any decision.
• But the amendment, if cleared, will force the elected government to take the L-G's advice before taking any action on any cabinet decision.
• The Bill seeks to add a provision in the original GNCTD Act, 1991, barring the Assembly or its committees from making rules to take up matters concerning day-to-day administration, or to conduct inquiries about administrative decisions. 

• The L-G does have the power to refer any matter, over which there is a disagreement with the elected government, to the President under Article 239AA(4).
• The Delhi Law Secretary had 2019 written in an internal memo that the elected government cannot use the Supreme Court verdict to keep the L-G in the dark about its decisions as that would prevent him from taking informed decisions on whether to invoke Article 239AA(4) or not.
• But the SC had also categorically pointed out that the L-G should not act mechanically without due application of mind to refer every decision of the Council of Ministers to the President.

8. What are the state governments' Powers?

• From 2015 to 2018, the AAP government was engaged in a constant battle with the Centre over policy decisions and the powers of the L-G vis-à-vis the elected
  government.
• The Supreme Court judgment gave it a freer hand in terms of policy decisions.
  Government insiders have maintained that it was because of the judgment that the government was able to clear policy decisions like giving free power to those using under 200 units, free bus riders for women, and doorstep delivery of ration.
• By making it mandatory for the elected government to route all its files through the L-G, the amendments will essentially take away the government’s autonomy and the dream for full statehood for the state, which each political party BJP, Congress, and AAP have promised the electorate at various times.

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