The fight for rights is going to intensify once again in Delhi. There may be a conflict between the Delhi government and the Raj Niwas. With the coming into force of the National Capital Territory of Delhi (Amendment) Act-2021, the government in Delhi has come to mean the Lieutenant Governor.
According to a notification issued by the Ministry of Home Affairs, the provisions of this Act have become effective from 27 April 2021. At the same time, sources in Raj Niwas say that even after 14 months of the implementation of the Act, the Delhi Assembly has not made necessary amendments to its rules of procedure and conduct of business. It is still pending. Due to this, the committees of the House are still working by going to unauthorized jurisdiction. The result is coming out in the form of a constitutional crisis.
Lieutenant Governor VK Saxena has sent a message to Delhi Assembly Speaker Ram Niwas Goel asking for constitutional compliance in this matter. Raj Niwas sources say that the Lieutenant Governor is serving as a guardian of Delhi. Constitutionally reviewing governance and administration. Along with this, efforts are being made in this direction to ensure that the constitution is followed. Its purpose is to bring social and economic changes in the lives of the people of Delhi according to the Constitution, according to Raj Niwas.
Raj Niwas sources also say that a message has been sent to the Speaker of the Delhi Assembly to follow the constitutional rule again after more than a year of the amendment act, which also states that the Constitution of India Contempt is being done, in this context a deliberate indifference is being shown. The Lieutenant Governor has also apprised the Speaker of the Assembly about his constitutional responsibility concerning sub-section (2) of section 9.
The constitutional crisis will arise due to the non-change of rules: Raj Niwas sources say that after the implementation of the Amendment Act, it is necessary to change the rules of the assembly. In the absence of this, many times there is a conflict between the Act of Parliament and the Rules of the Legislative Assembly. If a subject has been completely put under the authority of the Lieutenant Governor, then constitutionally the committees of the Legislative Assembly cannot interfere with it, but due to the implementation of the old rules of the Legislative Assembly, the committees are being formed as before. Along with this, there is also a bottleneck in considering the day-to-day administrative matters and taking administrative decisions.
this is the case
Amidst the deteriorating situation due to Corona infection in Delhi, the Central Government had issued a notification to implement the GNCTD Act in Delhi. The notification by the Ministry of Home Affairs said that the Government of the National Capital Territory of Delhi (Amendment) Act-2021, is notified with effect from April 27. Now the government in Delhi means Lieutenant Governor. The matter reached the Supreme Court. There was a lot of uproar on this issue during the Delhi Assembly session also.
The ruling party had accused the central government of being biased and accused the right of the constitutionally elected government of a travesty. Chief Minister Arvind Kejriwal had said that this is a sad day for democracy. Will continue the struggle for the restoration of the power of the people. No matter what happens, we will continue our good work. The work will neither stop nor slow down.
Act to abolish assembly committees
Responding to the GNCTD (Amendment) Act, 2021, the Delhi Assembly said that with this amendment the committee system of the assembly itself will become inactive. This amendment bars the Legislative Assembly and its committees from scrutinizing administrative decisions. The Delhi government has also challenged the amendment in the Act. The government believes that this amendment violates Article 239AA.
In the response issued by the Delhi Legislative Assembly, the question was also raised as to what the committees of the Assembly will see after the amendment is implemented. Citing the functions of the committees, he said that the committees of the legislature look after the administrative decisions. The responsibility of individual officers is fixed if found guilty by the committees. It was also said that recently the Petitions Committee and the Privileges Committee have examined the orders of the SDM and ADM in various cases. Due to this investigation, four SDMs, two ADMs, one sub-registrar, and some other officers have been suspended.
It was also told on behalf of the assembly that the committees of the legislature are constitutional. The legislature fixes the accountability of the executive through these committees. Under Article 239AA, the executive is accountable to the assembly. Parliament cannot take away this fundamental function of the legislature through amendment. That is what has been done through this amendment. PAC, PU, SCST committee, and OBC welfare committee take an in-depth look at the administrative decisions. These committees perform such functions which are necessary for our constitutional scheme. The amendment that the Lt Governor wants to implement will effectively put an end to the committees.
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