New Delhi: The new law announced by the Center has left the elected government of Delhi virtually toothless by giving extensive powers to the lieutenant governor who now controls nearly 80 departments and even a bill passed by the assembly, may stumble, officials said.
After being notified on Tuesday night of the Government of the National Capital Area of Delhi (Amendments), 2021, the LG is henceforth the leader of the national capital, officials explained during the assessment of the introduction of the law that effect .
The law, which was passed by parliament last month, went into effect on Tuesday, April 27, the Interior Ministry said in an order.
According to the new law, ‘government’ now means the LG, officials said. The government of Delhi will have to take permission from the LG before taking any action on topics that have been under its control so far. These include anti-corruption, education, health, social welfare, tourism, central prison, excise, some colleges as well as hospitals and transportation.
The LG can also give direct directions to officials without consulting the city government, while elected representatives will have to take the consent of the LG for the execution of any of its orders as well as transfers, the officials explained.
According to officials, Delhi is a union territory with a legislature like Jammu and Kashmir and Puducherry but does not have similar powers.
Three important topics – public order, police and land – are with the Central Government, while other sectors are with the City Government. After the new law, however, the government of Delhi will have to nod to LG for making small or big changes.
‘It has become necessary to make clear that Delhi is a UT with limited powers. It is not a complete state and those in the powers of the Delhi government need to understand this fact, ‘one official told PTI as he explained the reasons for bringing in the new law.
The Delhi Assembly can make laws on all topics in the state list and concurrent list, but it does not come into force until the LG gives its permission.
“Any rules made in violation of this condition, prior to the commencement of the Government of the National Capital Territory of Delhi (Amendment Act), 2021, are void,” reads the new law.
In the case of Jammu and Kashmir and Puducherry, land is with the local government and public order and police with the Central government. Other UTs – Chandigarh, Ladakh, Andaman and Nicobar Islands, Lakshadweep and Dadra and Nagar Haveli and Daman and Diu – have no legislative assemblies and are under the direct control of the Central Government.
Officials have said that the executive powers of the LG of Delhi are different from the powers of state governors, and amending the NCT Government Act of Delhi will remove ambiguities in the existing law.
The center is upholding the bill in line with the Supreme Court ruling in July 2018 on the jurisdiction of the lieutenant governor and the Delhi government after a series of run-ins between the two.
Interior Minister G Kishan Reddy has told parliament that Delhi is not a full-fledged state and does not have full power.
“The said bill will promote harmonious relations between the legislature and the executive, and further define the responsibilities of the elected government and the LG, in accordance with the constitutional regulation of the National Capital Territory of Delhi, as interpreted by the Supreme Court,” reads the declaration of objects of the bill.
In June 2018, Prime Minister Arvind Kejriwal and his ministers in the cabinet held a seat at the office of the lieutenant governor, while a power struggle intensified between the then lieutenant governor and the AAP government.
The Supreme Court ruled in July 2018 that the lieutenant governor could not interfere in every decision of the Delhi government and that he should act on the help and advice of the Council of Ministers.
Source: Telangana Today