LG is now govt in Delhi; AAP says didn’t expect this during pandemic

NEW DELHI: The Government of NCT of Delhi (Amendment) Act, notified by the Centre on Tuesday, significantly changes the functioning of the government in Delhi that’s reeling under a Covid apocalypse and mounting deaths.
It withdraws powers from the elected government and bestows them upon the Centre-appointed lieutenant governor. Now, the elected AAP government needs the approval of the LG before taking any executive action under any law because the amendment makes it clear that the LG is now the “government”.

Amid the pandemic, the development may make decision-making a longer process because all files related to executive action will be sent to the LG for approval. The LG has called a Covid management meeting on Thursday.

“The expression ‘government’ referred to in any law to be made by the legislative assembly shall mean lieutenant governor,” the notification issued by the Union ministry of law and justice on March 28 stated after the President gave his assent to the amendment.
‘LG as govt’ could hit pandemic fight: AAP
The notification added: “…before taking any executive action in pursuance of the decision of the council of ministers, to exercise power of government…under any law in force in the Capital, the opinion of the lieutenant governor in term of proviso to clause (4) of article 293AA of the Constitution shall be obtained on all such matters as specified, by a general or special order, by the lieutenant governor.”
While the state government maintained a discreet silence, AAP said in a statement that the notification of the amendment right in the middle of the second wave can prove to be disruptive. “We really hoped the central government would wait at least till the end of the second wave. Delhi is amidst a Covid-19 crisis and notifying this right in the middle of the second wave can lead to a lot of chaos,” AAP said in a statement.
“This could definitely adversely affect Covid management in the national capital. Under the leadership of chief minister Arvind Kejriwal, we are working on every possible aspect to tackle the second wave. The central government and the Delhi government are working together. But such a notification will bring a lot of confusion, and when work is going on on a war footing, the last thing people expect is chaos and confusion among the administrations.”
However, a Delhi government official said the amendment was unlikely to affect Covid management because LG is the chairperson of Delhi Disaster Management Authority (DDMA) and all DDMA decisions are always taken with the approval of the chairperson. Many powers, including financial powers in the state administration, have already been delegated to the head of the departments, secretary and authorities beyond. “The amendment does not change the delegation of power among the authorities and they will continue to be empowered to take decisions within their jurisdiction, like repair of roads, etc.,” said an official.
According to sources, the administrative decisions of the elected government of Delhi, however, may not be implemented as fast as earlier because the files will be sent to the LG for his nod. The decisions can be implemented only after his approval. The LG’s office already has a mechanism in place and no files are delayed, claimed another source. “Special focus is given on urgent files and they are disposed of on priority,” said the source.
The amendment may trigger a major confrontation between the elected government and the Centre. The leader of the opposition, Ramvir Singh Bidhuri, and Delhi BJP have already urged the LG to reject the proposed amendment to Delhi’s excise policy approved by the Delhi cabinet and scrap the proposed doorstep delivery of ration.
The amendment also seeks to ensure that the business in assembly is conducted in accordance with Rules of Procedure and Conduct of Business in Lok Sabha. This provision will put an end to any scope for criticising any leader or person who is not member of the house. In the past, there have been several instances where names of top central government ministers were taken in the Delhi assembly.
There is ambiguity about the impact of the amendment on the Delhi assembly and its committees. The amendment states that “…the legislative assembly shall not make any rule to enable itself or its committees to consider the matters of day-to-day administration of the capital or conduct inquiries in relation to the administrative decisions.” It also stated that any of the rules made in contravention of this proviso, before the commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, shall be void.
“It is also not clearly defined as what topics and issues fall under the term ‘dayto-day administration of the capital’ used in the amendment,” said a source, adding that it was a very vague term. “An officer who is summoned by the assembly’s committees may say that the issue for which they are being summoned falls under the ‘day-today administration’ and thus is beyond the purview of the committees according to the amendment. The departments may also make similar excuses upon being summoned by the committees.”
The source claimed that the speaker is the final authority when it comes to interpretation of the rules of procedure. “In case of difference of opinion, the speaker will be the final authority and anyone going against his decision may invite privilege proceedings,” said the source.