[BREAKING] Govt of National Capital Territory of Delhi (Amendment) Act 2021 comes into force; 'Govt of Delhi' will mean 'Lieutenant Governor'

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 which redefines "Government" as the "Lieutenant Governor" for Delhi has come into force from April 27..The notification to that effect was published in the official gazette by the Central government. ."In exercise of the powers conferred by sub-section (2) of section 1 of the Government of National Capital Territory of Delhi (Amendment) Act, 2021 (15 of 2021), the Central Government hereby appoints the 27th day of April, 2021, as the date on which the provisions of the said Act shall come into force," the notification said. .The Amendment Act was passed by the Parliament in March 2021. .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. It may be noted that Article 239AA deals with special provisions that are applicable to the National Capital Territory of Delhi and which would govern its functioning..[BREAKING] Rajya Sabha passes the Government of NCT of Delhi (Amendment) Bill, 2021 .The Act seeks to ensure that the Lieutenant Governor can make rules in matters which incidentally encroach upon matters falling outside the preview of the Legislative Assembly. It also states that the Act will promote harmonious relations between the legislature and the executive and further define the responsibilities of the elected Government and the Lieutenant Governor, in line with the constitutional scheme of governance of the National Capital Territory of Delhi, as interpreted by the Supreme Court..Highlights of the Act are given below: The following is sought to be added to Section 21 i.e. : "The expression 'Government' referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor."Section 3 of the Bill seeks to extend the powers of the Lieutenant Governor through an amendment of Section 24 of the 1991 Act, which deals with "Assent to bills."Changes are sought to be brought to Section 33 of the 1991 Act so that the Legislative assembly cannot make any rule to enable itself or its committee to consider in matters of the day-to-day administration of Delhi or conduct inquiries in relation to administration. Notably, this provision is also sought to be made retrospective in its effect.Section 5 of the bill seeks to add a proviso to Section 44 of the 1991 Act (dealing with 'conduct of business'), which makes it compulsory for the government to obtain the opinion of the Lieutenant Governor on all matters, before taking any 'executive action'.To read an explainer on the Bill, click here..[Read Gazette Notification].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.