MHA: Legal responsibilities of elected Govt not altered in revised GNCTD Act

New Delhi, Apr 29 (UNI) The Centre on Thursday asserted that amendments to GNCTD Act 1991 do not alter any constitutional and legal responsibilities of an elected Government in anyways to take necessary action, in respect of subjects mentioned in the state and current lists of the Constitution.
Noting that these amendments to the Act were brought with an aim to make it more relevant to the needs of the National Capital Government, the Ministry of Home Affairs (MHA) in an official statement clarified that the amendments are “consistent with the existing legal and constitutional provisions, and are in line with the judgments of the Hon’ble Supreme Court dated July 4, 2018 and February 14, 2019”.
The MHA further said, “The 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.”
These will further define the responsibilities of the elected Government and the Lieutenant Governor (LG), and also to create a harmonious relationship between the Legislature and the Executive, the MHA statement reads further.
The Amendment would ensure better governance in the NCT of Delhi and lead to improved implementation of schemes and programs meant for the common people of Delhi, the MHA asserted.
The Government of National Capital Territory (GNCTD) Amendment Act, 2021 has come into force after being passed by the Parliament last month and after the Presidential assent on March 28, this Act came into force on April 28. The Amendment Act has the effect of amending Sections 21, 24, 33 and 44 of the Act giving overriding powers to the Delhi LG over the decisions of elected Delhi Government.
According to the Act, now the ‘Government’ in Delhi means LG, meaning that day executive decisions taken by the Arvind Kejriwal Cabinet in the Union Territory will have to have opinion of the LG.