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'Will Wait For SC's Decision': High Court Adjourns Plea Challenging GNCTD Amendment Act Which Declares LG As Delhi Govt
LIVELAW NEWS NETWORK
7 April 2022 12:58 PM IST
The Delhi High Court today adjourned hearing in the petitions challenging the vires of GNCTD Amendment Act, 2021. The law gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the "Government of Delhi".It also provides that the opinion of the LG "shall be obtained" on all such matters as may be specified by the LG, before taking any executive action on decisions of...
The Delhi High Court today adjourned hearing in the petitions challenging the vires of GNCTD Amendment Act, 2021. The law gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the "Government of Delhi".
It also provides that the opinion of the LG "shall be obtained" on all such matters as may be specified by the LG, before taking any executive action on decisions of the Council of Ministers of the Delhi Government.
A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that an identical challenge is pending consideration before the Supreme Court and the matter is listed for hearing tomorrow, i.e., on 8th April in Court no. 1 as item 302.
"We'll wait for the decision of the Supreme Court. Why should we labour on it?" the Bench orally told the Petitioner.
Accordingly, the matter was adjourned till 28 November.
The petitions in public interest have been filed by Advocates Vishwanath Agarwal and Shrikant Prasad.
Agarwal in his plea states that the aforesaid enactment runs contrary to the judgment of the Apex Court in NCT of Delhi v. Union of India and also to the "principle of Republican and Democratic System" as elucidated in Keshvananda Bharti case.
Stating that Art. 239AA of the Constitution gives an overriding Authority to the Delhi LG only in matters of land, police and services, the plea avers thus:
"The impugned Act has gone much beyond and applies to all legislations to be passed by Legislative Assembly of Government of NCT of Delhi irrespective of the facts whether the matter pertains to Land, Police, Services or any other matter. To this extent the Government of NCT of Delhi (Amendment) Act, 2021 is ultra-virus the Constitution and goes beyond what is permitted even as per the decision of Hon'ble Supreme Court of India in Government of NCT of Delhi Vs. Union of India and others (2018)SCC 501."
The petition filed by 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.
It further avers, "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 before the Supreme Court is filed by Delhi Government, inter alia, states that the impugned provisions of the GNCTD Act diminish the constitutionally guaranteed powers and functions of the elected legislative assembly and council of ministers of the NCT of Delhi, overturn the constitutionally stipulated balance between the Government of the National Capital Territory of Delhi and the Union Government.
It further states that Article 239AA is a unique provision in the Indian Constitution in that it constitutionally guarantees to the Union Territory of the NCT of Delhi, a parliamentary form of democracy in the Westminster model.
Case Title: Vishwanath Agarwal v. Union of India and Shrikant Prasad v. Union of India
