Plea moved in Delhi HC challenging GNCTD Bill, 2021
May 22, 2021
New Delhi [India], May 22 : A Public Interest Litigation (PIL) has been moved in Delhi High Court challenging the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 and seeking direction to declare the said Amendment notified on April 27, 2021, as unconstitutional and violative of principles of democracy, federalism, Article 14 and 21.
The petitioner Neeraj Sharma, through advocates Meghan, Nakul Baisoya and Mohd Suza Faisal stated that the amendment nullifies the decision of the Supreme Court which has clearly held that the elected government of Delhi can take all decisions within its jurisdiction and execute them without obtaining the concurrence of the LG.
"In case of a difference of opinion on a matter between the LG and the government, the former should make all efforts to resolve it and only in extreme cases should it refer the matter to the president for a decision," the petitioner said.
The petition is scheduled to be heard on May 24 by the Bench headed by the Chief Justice of Delhi. The same bench had recently issued notice on two other similar petitions and sought their responses on the petitions.
The petition states that the amendment act transgresses and pervades even the Constitutional Bench judgment of Government of NCT of Delhi vs Union of India 2018 decided by the Supreme court. The Supreme court while interpreting Article 239AA held in Para 218 that clause (4) of Article 239AA explicitly grants to the Government of Delhi executive powers in relation to matters for which the legislative assembly has the power to legislate.
The plea also states that the legislative power is conferred upon the Assembly to enact whereas the policy of the legislation has to be given effect to by the executive for which the Government of Delhi has to have co-extensive executive power.
The Amendment Act, therefore, asking for a mandatory prior opinion of the Lieutenant Governor before taking any executive action is violative of Article 14 being arbitrary in nature. Further by defining Government to mean the Lieutenant Governor the principles of democracy, which speaks of the will of the people to govern, is being violated. Democracy is part of the basic structure of the constitution and the same can't be amended at any cost. It is further submitted that the Amendment Act being violative of the principles of democracy which is enshrined in the preamble and the edifice of India's constitution is also denigrating the federal fabric of the constitution, the plea said.
