After Jammu and Kashmir, Delhi on way of becoming complete union territory? Central government planning to massively cut AAP-led Delhi government powers? Bill moved in Lok Sabha Kejriwal calls the move “unconstitutional and anti-democracy”
Calling the move unconstitutional and anti-democracy, Delhi Chief minister and Aam Admi Party chief Arvind Kejriwal has alleged that the BJP led central government is planning to massively curtail the powers of elected AAP government in Delhi by introducing amendment in power structure of the capital through “The Government of National Capital territory of Delhi (Amendment bill, 2021).
Kejriwal tweeted that the amendment bill states that the government in Delhi would essentially mean “Lieutenant Governor” who is a central government appointee. “Then what will the government do? All filed will go to LG.
This is against 4th July 2018 Constitution Bench judgement which said that files will not be sent to LG, elected govt will take all decisions and send copy of decision to LG (sic),” the tweeted.
The Delhi chief minister alleged that after being rejected by people of Delhi, BJP now seeks to drastically curtail powers of elected government through a Bill in LS on Monday. “Bill is contrary to Constitution Bench judgement.
We strongly condemn BJP’s unconstitutional n anti-democracy move,” he added The bill seeks to amend the government of NCT of Delhi Act 1991 which defines the roles and powers of various office holders in capital city. The amendment bill states:
“When a Bill has been passed by the Legislative Assembly, it shall be presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to the Bill or that he withholds assent…” and move which will essentially mandate all the executive decisions to be made in the name of Lieutenant Governor.
Delhi has a unique power sharing structure which has an elected government with powers of “policing”, “public order” and land still controlled by the central government. The tussle between AAP led Delhi government and BJP led central government dates back to inception of AAP’s first tenure in power.
The Supreme Court bench had in 2018 ruled that according to the Article 239AA of the Indian constitution, that although the government had to keep him/her informed of its decisions, Delhi’s lieutenant governor did not have any independent decision-making powers and had to follow the “aid and advice” of the chief minister-led council of ministers of the Government of Delhi on matters which the Delhi Legislative Assembly could legislate on.
The court added that on matters referred to LG was bound to follow the orders of the president.