CJI Agrees To Grant Early Listing For Delhi Govt's Challenge To GNCTD Amendment Act

The Chief Justice of India on Monday agreed to grant early listing to a writ petition filed by the Delhi Government challenging the Government of National Capital Territory (Amendment) Act 2021 passed by the Parliament this year granting more powers to the Delhi Lieutenant Governor over the elected government.

The petition was mentioned by Senior Advocate Dr Abhishek Manu Singhvi before the CJI NV Ramana today morning.

"The Act is contrary to the constitution bench of the Supreme Court and against Article 239AA", Singhvi submitted seeking an early listing.

The CJI agreed to grant early listing for the petition.

The writ petition, filed through Advocate Shadan Farasat, challenges the constitutionality of :

(a) the Government of the National Capital Territory of Delhi (Amendment) Act, 2021 ("GNCTD Amendment Act") in so far as it amends Sections 21, 24, 33, 44 of the Government of National Capital Territory of Delhi Act, 1991; and

(b) the Transaction of Business of the Government of National Capital Territory of Delhi (Amendment) Rules, 2021 ("ToB Amendment Rules") in so far as they amend Rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49, 52 and 57 of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.

According to the petition,the GNCTD Amendment Act and the ToB Amendment Rules violate Article 239AA of the Constitution of India, as interpreted by the Supreme Court of India in Government of NCT of Delhi v Union of India,. These amendments have turned the scheme of Article 239AA upside down to make the Lieutenant Governor of Delhi the de-facto executive and legislative authority for the NCT of Delhi, who now has overriding powers over the elected representatives of Delhi, in their capacity as the both the Legislature and the Executive. In doing so, the delicate constitutional balance in the principles of federalism, separation of powers, representative democracy and the rule of law with respect to the governance of Delhi provided for by Article 239AA has been upended, virtually having the effect of amendment of a constitutional provision by a legislation.