Government of National Capital Territory of Delhi (Amendment) Bill, 2021 receives Presidential Assent : Bill Summary

Read Time: 04 minutes

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 | MINISTRY OF HOME AFFAIRS

  • Statement of Objects and Reasons, inter-alia, provides; “seeks to ensure that the Lieutenant Governor 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.”
  • Introduces sub-section 3 to Section 21 Restrictions on laws passed by Legislative Assembly with respect to certain matters of Government of NCT of Delhi Act, 1991 (“Principle Act”), amending the expression ‘Government’ referred to in any law to be made by the Legislative Assembly to mean ‘Lieutenant Governor’
  • Amends Section 24 Assent to Bills, introducing sub-section (d) that allows any incidental matter outside the purview of the powers conferred upon Legislative Assembly to be reserved for the consideration of the President.
  • Amends Section 33 Rules of Procedure, to mean that the Legislative Assembly shall make rules for regulating its Procedure and the Conduct of its business in consonance with the Rules of Procedure for the Lok Sabha. The amended provision reads as; The Legislative Assembly may make rules for regulating, subject to the provisions of this Act, its procedure and the conduct of its business which shall not be inconsistent with the Rules of Procedure and Conduct of Business in House of People.
  • Introduces the following Proviso to sub-section (2) of Section 44 Conduct of business; Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government, Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force in the Capital, the opinion of Lieutenant Governor in term of proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor.