ILNS: A PIL has been filed in the Delhi High Court, challenging the GNCTD Amendment Act and alleging that the amended provisions are illegal, malafide, and without any basis. The PIL said these provisions are restricting the Delhi government from taking executive decisions. The bench of Chief Justice DN Patel and Justice Jasmeet Singh today issued the notice, wanting a response from respondents in 4 weeks.
The PIL has been filed by Shrikant Prasad, a law student. Prasad alleges that the GNCTD Amendment Act, 2021 abridges the power of a duly elected chief minister and is contrary to Article 14, 19, and 21 of the Constitution of India.
The petition submitted that the President of India had recently given his assent to the Amendment the GNCT of Delhi Act, 1991 which provides framework for functioning of the Delhi Legislative Assembly and redefines Delhi Government as the Lieutenant Governor.
The Counsel submits that the impugned GNCTD Amendment Act, 2021 is violative of the principles of the Constitution of India, 1950 (as amended as in force). Article 239AA gives special powers to the Govt of NCT of Delhi.
“Clause 6 of Article 239AA of the Constitution of India mandates that the Council of Ministers shall be collectively responsible to the Legislative Assembly. Section 4 of the impugned Act mandates that all the decisions taken by the NCT govt will have to be passed with the prior approval of the Lt. Governor. Article 239AA (4) mandates the composition of ministers in the Government in Union Territories. If the Government has to take prior approval of the Lt. Governor then the powers under Article 239AA will be undermined and that is a clear violation of Article 239AA,” says the petitioner.
The next hearing is on June 4…