MHA says Delhi govt fully accountable for health and education

NEW DELHI: The home ministry on Thursday bluntly reminded the Arvind Kejriwal government in Delhi that it remains fully accountable and in charge of health and other departments, which as per the Constitution lie in the domain of the state government, and that the Government of National Capital Territory of Delhi (Amendment) Act, 2021, in no way changes the arrangement stipulated by the statute.
“Amendments to the GNCTD Act, 1991, in no way alter the constitutional and legal responsibilities of the elected government to take necessary action in respect of the subjects transferred to them in the state and concurrent lists of the Constitution of India, including subjects such as health, education etc,” the home ministry said in press release a day after AAP questioned the timing of the GNCTD (Amendment) Act, passed by Parliament last month, coming into force.
AAP, in a statement on Wednesday, said the April 27 notification of the amendment, right in the middle of the second Covid-19 wave, could lead to “a lot of chaos” and adversely affect Covid management in the national Capital as it battles the daily surge in cases, rising deaths and gaps in health infrastructure.
The ministry clarified on Thursday, “The objective of the Amendment Act is to make it more relevant to the needs of the Capital, further define the responsibilities of the elected government and the lieutenant governor, and create a harmonious relationship between the legislature and the executive.” It added that the amendments would ensure better governance in Delhi and lead to improved implementation of schemes and programmes meant for the people of Delhi.
The amendments, the ministry underlined, were consistent with legal and constitutional provisions, and were in line with the judgments of the Supreme Court dated July 4, 2018, and February 14, 2019.
The statement marked a prompt rebuttal of AAP’s comments which sources in the home ministry said was motivated by partisan considerations rather than a correct reading of the statute. “They are fully empowered and, at the same time, accountable for all issues barring three — public order, land and police — which are reserved for the Centre under the statute,” a senior officer said.
The GNCTD (Amendment) Act, 2021, came into force on Tuesday after being passed by Lok Sabha on March 22 and by Rajya Sabha on March 24, with presidential assent following on March 28.
As per the statement of objects and reasons laid out by the government before Parliament while introducing the GNCTD (Amendment) Bill, 2021, the original Act was enacted to supplement the provisions of the Constitution relating to the Delhi legislative assembly and a council of ministers and for matters connected therewith. It added that Section 44 of the Act dealt with conduct of business and there was no structural mechanism provided in the Act for effective time-bound implementation of said section. Further, there was no clarity as to what proposal or matters were required to be submitted to the LG before issuing orders.
The government had then said that in order to give effect to the interpretation made by the SC in its two judgments, the bill sought to clarify the expression “government”, which in the context of legislations to be passed by the legislative assembly of Delhi shall mean the LG of Delhi, consistent with the status of Delhi as a Union Territory, to “address the ambiguities in the interpretation of the legislative provisions”.
The Act, as per a home ministry official, ensures that the LG is necessarily granted an opportunity to exercise the power entrusted to him under proviso to clause (4) of Article 239AA of the Constitution, in select category of cases and also to make rules in matters which incidentally encroach upon matters falling outside the preview of the legislative assembly. It also provides for rules made by the legislative assembly of Delhi to be consistent with the rules of the House of the People.