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Supreme Court on Tuesday agreed for the early listing of the Kejriwal Government's plea which has sought quashing of the four amended sections of the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’.

A bench of the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli listed the matter for hearing on March 3, 2022.

Senior Advocate Abhishek Manu Singhvi appearing for the Delhi Government mentioned the matter for urgent listing before the Chief Justice of India.

Earlier, on September 15 CJI NV Ramana led bench had said that the bench shall list the matter after Senior Advocate Abhishek Manu Singhvi appearing for Delhi Government mentioned the case before Top Court.

The Delhi Government has averred before Top Court that the Centre, through its amendments, has “given more power to the Lieutenant Governor than the elected government of the people of Delhi” according to a press release in public domain.

Thereby, it has challenged the constitutionality of Sections 21, 24, 33, 44 of the Government of National Capital Territory of Delhi Act, 1991 and Rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49, 52 and 57 of Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.

As per the plea, in 2016, disputes and differences arose between the LG and the Delhi Government in respect of powers, duties and governance and subsequently the matter was taken to court.

Thereafter, the Constitutional Bench of the Supreme Court had in that matter held that the Council of Ministers shall inform all its decisions to the Lt Governor but that does not mean that the concurrence of the Lt Governor is required.

“Yet on 15th March 2021, the Central Government introduced the GNCTD Act Amendment Bill in the Lok Sabha; this bill received the assent of the President and became the Government of National Capital Territory of Delhi (Amendment) Act 2021, on 28th March 2021,” contended the AAP government in their plea.

As stated in plea, the Transaction of Business of Government of National Capital Territory of Delhi (Amendment) Act came into force in July and also that the new GNCTD Act diminishes the constitutionally guaranteed powers and functions of the elected legislative assembly and council of ministers of Delhi.

The Delhi Government has contended in the petition, “that amended sections of the GNCTD Act diminish the constitutionally guaranteed powers and functions of the elected legislative assembly and council of ministers of Delhi; overturn the constitutionally stipulated balance between the Delhi Government and the Union Government; and overrule the judgment of the Constitution Bench of the Supreme Court in Government of NCT of Delhi v Union of India, (2018)”.

The plea further averred that it is, Centre’s attempt to treat the LG as the ‘default administering authority over the NCT of Delhi’.

The Delhi Government in its petition has stated that,

“the amendments by the Centre are an attempt to treat the LG as the ‘default administering authority over the NCT of Delhi’, by equating the position of the LG with that of the “government”, by authorising the LG to withhold consent from bills that, in his judgment, may be “incidentally” outside the scope of legislative assembly’s legislative powers, and by empowering the LG to interfere in the day-to-day administration of the Delhi Government by introducing the requirement of obtaining the LGs views before executing a decision of the Council of Ministers.”

The Delhi Government in the plea averred that, it has maintained a firm stance on the fact that the Amendment Act has, in effect, disenfranchised the people of Delhi, and violated their political rights under the Constitution.

Case Title: GNCTD of Delhi Vs. Union of India