Delhi High Court Issues Notice On Plea Challenging GNCTD Amendment Act Giving More Powers To Delhi LG

The Delhi High Court on Tuesday issued notice in a plea challenging the vires of Government of NCT of Delhi (Amendment) Act 2021 as being ultra vires Art. 13, 14, 19 and 239AA of the Constitution of India.

A division bench comprising of Chief Justice DN Patel and Justice Jasmeet Singh issued notice in the plea and sought response of the Central Government. The plea shall now be heard on June 4.

The amendment Act, which gives overriding powers to the Lieutenant General of Delhi over the elected government, was notified by the Central Government with effect from April 27 last week.

The petition, been filed by a law student namely Shrikant Prasad, highlights that the impugned Act curbs the Delhi Assembly's power to conduct its proceedings as per the rules of procedure made by it. 

"It provides that the Rules made by the Delhi Legislative Assembly to regulate the procedure and of business the Assembly must be in conduct consistent with the Rules of Procedure and Conduct of Business in the Loksabha." The plea states.

Furthermore, the plea states that:

"The Act also prohibits the Legislative Assembly from making any rule to enable itself for its Committees to: (i) consider the matters of day-to-day administration of the NCT of Delhi and inquiry (ii) conduct relation in to any administrative decisions."

The petition seeks the following prayers:

-  to strike down the Government of National capital territory amendment act 2021 as it is against the Art 13, 14, 19 ,239AA of the constitution of india.

-to issue any writ order directions or any other order as may deems fit in the interest of justice.

Edited by Nupur Thapliyal