PIL filed in Delhi HC against GNCTD (Amendment Act), which enhanced LG’s powers at cost of elected govt

The Delhi High Court on Tuesday issued notice in a petition challenging the Government of National Capital Territory of Delhi (Amendment) Bill, 2021.

A Division Bench of Chief Justice DN Patel and Justice Jasmeet Singh sought response from the Central government on the plea.

The challenge has been mounted by a law student, Srikant Prasad by way of a public interest litigation.

As per the petitioner, the GNCTD (Amendment Act) 2021 is in violation of Articles 13, 14 19 and 239AA of the Constitution of India, Bar & Bench reported.

The Act which redefines "Government" as the "Lieutenant Governor" for Delhi came into force from April 27.

The Amendment Act makes changes to the Government of National Capital Territory of Delhi Act, 1991 (Act) and enhances the powers of the Lieutenant Governor while limiting the elected government's powers in some respects.

The Central government stated that this amendment was brought to give effect to the "interpretation made by Hon'ble Supreme Court in Government of NCT of Delhi v. Union of India."

The statement of objects of the Act states that it 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 a select category of cases.

Article 239AA deals with special provisions that are applicable to the National Capital Territory of Delhi and which would govern its functioning.

The matter would be heard next on June 4.