Amended GNCTD Act won't alter constitutional, legal duties of elected govt in Delhi: MHA

The centre on Thursday said the amendments to the Government of National Capital Territory of Delhi Act will in no way alter the constitutional and legal responsibilities of the elected government in the national capital but would ensure better governance.

In a statement, the Ministry of Home Affairs (MHA) also said the amendments will define the responsibilities of the elected government and the Lieutenant Governor (LG) and "create a harmonious relationship" between the legislature and the executive.

The Government of National Capital Territory of Delhi (GNCTD) Amendment Act, 2021 has come into force on Tuesday after being passed by the Lok Sabha on March 22, by the Rajya Sabha on March 24 and after the assent of the President of India on March 28.

The Sections 21, 24, 33 and 44 of the Act were amended.

"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.," the statement said.

The MHA said the objective of the act's amendment is to make it more relevant to the needs of the capital, further define the responsibilities of the elected government and the LG and create a harmonious relationship between the legislature and the executive.

"The amendments would ensure better governance in the NCT of Delhi and lead to improved implementation of schemes and programmes meant for the common people of Delhi," the statement said.

The amendments are consistent with the existing legal and constitutional provisions, and are in line with the judgements of the Supreme Court on July 4, 2018 and February 14, 2019, it said.

According to the legislation, the "government" in Delhi means the "Lieutenant Governor" and the city government will now have to seek the opinion of the LG before taking any executive action.

Photograph: PTI Photo