"Will Create Autocratic Form Of Government": AAP Member Moves Delhi HC Challenging Vires Of GNCTD Act

A plea has been moved in the Delhi High Court by Aam Aadmi Party member, Neeraj Sharma challenging the vires of GNCTD Act for being prima facie violative of basic structure and also of Art. 14 and 21 of the Constitution. In view of this, the plea seeks stay of operation of the impugned Act.

A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh issued notice in the plea on Monday.

The plea filed by Advocates Meghan, Mohd Suza Faizal and Nakul Baisoya states that the Act runs contrary to the dictum laid down in the judgment of Govt. Of NCT of Delhi v. Union of India of the Supreme Court and that the Act is "an infraction of the most fundamental of all the articles Art. 14 and 21."

The plea also states that the amendment nullifies the decision of the Supreme Court which clearly states that the elected government of Delhi can take decisions within its jurisdiction and execute them without concurrence of the Lieutenant Governor.

"These amendments that are being brought by the government are against the Constitution and against democracy. Once they said, "the bill becomes operational, the 'government' would mean "Lieutenant Governor, there would be no point of the elected government of Delhi as all the files on decisions taken by the council of ministers would have to be sent to the Lieutenant Governor. This will create an autocratic form of government." The plea reads.

Stating that the Constitution has mandated a federal balance wherein "independence of certain required degrees is assured to the state governments as opposed to centralism", the plea reads thus:

"Each legislative house is independent of the other. So, the Delhi assembly is an independent legislative house and the Lok Sabha has no control over it. Parliament has no power to legislate and take away the inherent right of a legislature to frame rules for conducting its proceedings. Parliament, for example, cannot make a law saying that the Rajya Sabha's rules will not be inconsistent with the Lok Sabha rules."

Furthermore, the plea went ahead to state this:

"Every democratic legislature has the inherent right to serutinise the decisions taken by the executive, which flows from the executive being responsible to the legislature. Executive accountability is the essence of the parliamentary system of government, which is a part of the basic structure of the constitution. The Delhi assembly has the inherent and inalienable right to scrutinise the decisions of the government, administrative or otherwise. No authority can take it away. Inquiry into or investigation of the decisions of the executive is an integral part of the legislative oversight of the executive. Parliament has no competence to take away this right through some legislation. These amendments, it can thus be seen, violate the basic structure of the constitution, apart from violating Article 239 AA."

In view of this, the plea seeks the following prayers:

- Issue an appropriate writ/direction declaring The Government of National Capital Territory of Delhi (Amendment) Act 2021 notified on 27.04.2021 as unconstitutional and violative of principles of democracy, federalism, Article 14 and 21.

- It is humbly prayed before this Hon'ble Court to recognise and declare the right to enjoy good governance as part of Article 21.

Title: Neeraj Sharma v. Union of India & Anr.