The Delhi High Court has on Monday issued notices to the Central Government and the Delhi Government returnable on July 23 while hearing a petition challenging the constitutional validity of the Government of NCT of Delhi Amendment Act, 2021.
The writ has been preferred by the petitioner Neeraj Sharma with prayer to declare aforementioned Amendment Act unconstitutional and ultra-vires of Articles 14 and 21 of the Constitution and the well settled principles of democracy.
The petitioner has submitted in his petition that the Amendment Act transgresses and pervades even the Constitutional Bench Judgement of Apex Court in Government of NCT of Delhi 2018 SCC Online SC 661.
The Amendment Act has a provision of asking for a mandatory prior opinion of the Lieutenant Governor before taking any executive action is violative of Article 14 and arbitrary in nature.
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The petition further submitted that defining Lieutenant Governor as a Government violates the principal of democracy which speaks the will of the people to govern. The said Amendment Act, according to the petitioner is nothing but a exercise of colourable legislation and as the status of NCT of Delhi although not a State yet is sui generis, the same would be changed due to this Amendment.
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