Amended NCT of Delhi Act doesn't alter Duties of Elected govt. on health: Home Ministry

An amendment to the "government" in the national capital of Delhi,  Delhi Government means Lieutenant Governor of Delhi

The Ministry of Home Affairs (MHA) said in a statement sent to the media on Thursday that the Government of the National Capital Territory (GNCTD) Amendment Act, 2021 "never alters the constitutional and legal obligations of the elected government" to take the necessary steps in health and education.

The MHA has announced that the provisions of the Act will come into effect on April 27. A law passed by Parliament on March 24 gives more teeth to the office of Lieutenant Governor (L-G) of Delhi.

The Act is amended by sections 21, 24, 33 and 44 of the 1991 Act, which states that the "government" in the national capital of Delhi means Lieutenant Governor of Delhi. The law gives power to the LG of Delhi even in cases where the Delhi Legislature is empowered to make laws. The law also seeks to ensure that LG is "given the opportunity" to present its views before any decision taken by the Council of Ministers (or the Cabinet of Delhi).

“The purpose of the Amendment Act is to align it with the requirements of the Capital; further describes the responsibilities of the elected Government and Lt. Governor (LG); and, forge a closer relationship between the Legislature and the Legislature. The amendment will ensure better governance at the Delhi NCT and lead to improved programs and programs aimed at the people of Delhi, ”MHA said on Thursday.

He further added that the amendments are in line with existing legal and constitutional provisions, and are in line with the two Supreme Court decisions of July 4, 2018 and February 14, 2019 respectively.

"The amendments to the GNCTD Act, 1991, do not in any way alter the constitutional and legal obligations of the elected Government to take the necessary steps, in relation to matters referred to them by the Government and the Relevant List of the Constitution of India, including subjects such as health, education, etc."

Although the Bill was passed and approved by the President on March 28, notice to implement the Act came a day after the Delhi High Court warned the Delhi government to keep "his house" on the issue of insufficient oxygen supply to the city, adding that the Center would be asked to take over. to manage the situation created by the impending epidemic.

Delhi is a Union Territory with a legislature and came into operation in 1991 under Article 239AA of the Constitution enacted by the Constitution (Sixty-nineinth Amendment) Act, 1991. According to parental law, the Delhi legislature has the power to legislate on all matters other than public order, police and the earth. The Delhi government led by the Aam Aadmi Party often clashes with the BJP-led Central Government over administrative matters in the capital.