NCT OF DELHI ACT

  • February 5, 2021
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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NCT OF DELHI ACT

Subject: Legislations

Context: Manish Sisodia accused the Centre of trying to govern the national capital through the “backdoor”, claiming the Union cabinet has cleared a proposal to give more powers to the Lieutenant Governor.

Concept:

  • It is an Act to supplement the provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi and for matters connected therewith or incidental thereto.

Key Provisions

  • This Act may be called the ‘Government of National Capital Territory of Delhi Act, 1991’ and provides for ,
  • Assembly Constituency– constituency provided under this Act for the purpose of elections to the Legislative Assembly.
  • Capital– the National Capital Territory of Delhi.
  • Election Commission– the Election Commission referred to in article 324.
  • Legislative Assembly– the Legislative Assembly of the National Capital Territory of Delhi.
  • Scheduled Castes– in relation to the Capital, such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to the Capital.

Legislative Assembly and its composition:

  • The total number of seats in the Legislative Assembly shall be seventy.
  • Delhi should be divided into single-member assembly constituencies in accordance with the provisions of Part III.
  • Seats shall be reserved for the Scheduled Castes in the Legislative Assembly and the provisions of the Article 334 shall apply to such reservation.
  • The number of said seats shall bear the same proportion to the total number of seats in the Assembly as the population of the SCs in Delhi bears to the total population of Delhi.

     Qualifications for membership of Legislative Assembly:

  • A person will be qualified to be a member of the Legislative Assembly provided:

(a) The person is a citizen of India.

(b) The person is not less than twenty years of age.

(c) Must pose other qualifications as may be prescribed in that behalf by or under any law made by the Indian Parliament.

Duration of Legislative Assembly:

  • The duration of the Legislative Assembly will be five years from the date appointed for its first meeting, unless sooner dissolved.
  • However, the period may be extended if a Proclamation of Emergency, issued under clause (1) of Article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

Sessions of Legislative Assembly, prorogation and dissolution:

  • The Lieutenant Governor shall summon the Legislative Assembly to meet at such time and place as he thinks fit, from time to time. However, LG should not intervene for six months between its last sitting in one session and the date appointed for its first sitting in the next session.
  • The LG may, from time to time (a) prorogue the Assembly (b) dissolve the Assembly.

A procedure as to lapsing of Bills:

  • A Bill which is pending in the Legislative Assembly shall not lapse due to the prorogation of the Legislative Assembly.
  • A Bill which is pending in the Legislative Assembly shall lapse on a dissolution of the Assembly.

Assent to Bills:

  • When a Bill has been passed by the Legislative Assembly, it shall be presented to the LG and he shall assent/withhold assent/reserve the Bill for the consideration of the President of India.
  • LG may return the Bill, presented to him for his assent, if it is not a Money Bill, with a message requesting that the Assembly will reconsider the Bill or any specified provisions by the LG.
  • When a Bill is returned, the Assembly will reconsider the Bill, and if it is passed again with/without amendment and presented to LG for assent, he shall either assent the Bill or reserve the Bill for the consideration of the President of India.
  • LG shall not provide his assent/reserve Bill for the consideration of the President of India, if:

(a) if it will reduce the powers of the High Court or will endanger the position which that Court is, by the Constitution, designed to fill, upon becoming a law.

(b) the President may by order direct such a Bill to be reserved for his consideration.

Legislations NCT OF DELHI ACT