In a major setback to Arvind Kejriwal ruling Delhi government, Lok Sabha has passed a bill giving more power to the Lieutenant Governor over Delhi. The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, enhances powers of the LG, who represents the Centre, in comparison to the national capital's elected government. The Bill has been set in motion despite a Constitution Bench of the Supreme Court's decision in 2018 on a dispute between Delhi's ruling Aam Aadmi Party (AAP) government and the BJP at the centre.
The Bill would "further define" the responsibilities of the elected government of Delhi and the Lieutenant Governor in keeping with the constitution, the government claimed.
The Bill further clarifies that the term "government" in any law made by the Legislative Assembly will mean the Lieutenant Governor, whose opinion has to be taken before the Delhi government takes any action.
CM Arvind Kejriwal-led AAP has been objecting to the Bill calling it a 'betrayal of people's mandate'.
Last week, Addressing the party workers during a protest at Jantar Mantar, Kejriwal had said, “If the Delhi government means the L-G, then what will happen to the people of Delhi? What will happen to the Chief Minister? Why were there elections?"
AAP in the 2020 Delhi election had won 67 of 70 votes, leaving only 3 for BJP and none for Congress has repeatedly blamed BJP for trying to rule Delhi by proxy, through the Lieutenant Governor and meddling with most of his decisions.
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Congress too has objected to Bill dubbing it as 'unconstitutional' and one that will take away the rights of the city government. Speaking in Lok Sabha, Congress MP Manish Tewari said the measure is contrary to what the then Union Home Minister L K Advani had perceived some 18 years ago.
A 5 judge constitution bench of the Supreme Court in 2018 had held that the Lieutenant Governor's concurrence is not needed on issues other than police, public order and land. But it said decisions have to be communicated to the Lieutenant Governor. "The status of the Lieutenant Governor of Delhi is not that of a Governor of a State, rather he remains an administrator, in a limited sense, working with the designation of Lieutenant Governor," the bench had said.