Government of National Capital Territory of Delhi Act 1991 (GNCTD ACT)

Government of National Capital Territory of Delhi Act 1991 (GNCTD ACT)

Subject: Polity

Section: Federalism

Concept :

• The Supreme Court on Thursday questioned the need for having an elected government in Delhi after the Centre asserted the Union Territories are an extension of the Union which wants to administer them.
• A five-judge constitution bench headed by Chief ustice DY Chandrachud, while continuing the hearing for a third day on the vexatious Centre-Delhi government row over control of services, was told by Solicitor General Tushar Mehta, appearing for the central government.

GNCTD Act , 1991 (69th Constitutional Amendment Act)

• The GNCTD Act was enacted in 1991 to “supplement provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi”.
• It enabled the process of an elected government in Delhi.
• The Supreme Court had in the past appreciated the 1991 developments, stating that the real purpose behind the Constitution (69th Amendment) Act, 1991 is to establish a democratic set-up and representative form of government wherein the majority has a right to embody their opinions in laws and policies pertaining to the NCT of Delhi subject to the limitations imposed by the Constitution.
• It added two new Articles 239AA and 239AB under which the Union Territory of Delhi has been given a special status.
• Article 239AA provides that the Union Territory of Delhi be called the National Capital Territory of Delhi and its administrator shall be known as Lt. Governor.
• The chief minister is appointed by the President (not by the lt. governor). The other ministers are appointed by the president on the advice of the chief minister.
• The ministers hold office during the pleasure of the president. The council of ministers is collectively responsible to the assembly.
• The council of ministers headed by the chief minister aid and advise the lt. governor in the exercise of his functions except in so far as he is required to act in his discretion.
• In the case of difference of opinion between the lt. governor and his ministers, the lt. governor is to refer the matter to the president for decision and act accordingly.
• It also provides for a Council of Ministers for Delhi consisting of not more than 10% of the total number of members in the assembly.
• It also creates a legislative assembly for Delhi which can make laws on subjects under the State List and Concurrent List except on these matters: public order, land, and police.
• The strength of the assembly is fixed at 70 members, directly elected by the people. The elections are conducted by the election commission of India.
• The lt. governor is empowered to promulgate ordinances during recess of the assembly. An ordinance has the same force as an act of the assembly. Every such ordinance must be approved by the assembly within six weeks from its reassembly. He can also withdraw an ordinance at any time.
• But, he cannot promulgate an ordinance when the assembly is dissolved or suspended.
• Further, no such ordinance can be promulgated or withdrawn without the prior permission of the President.
• Article 239AB provides that the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article. This provision resembles Article 356 (President’s Rule).