The Delhi High Court today asked the Center to respond to a plea to overturn the Delhi National Capital Territory Government Amendment Act (GNCTD) which increases the powers of the Lieutenant Governor .
A bench of Chief Justice DN Patel and Justice Jasmeet Singh issued a notice to the Law and Home Affairs Departments requesting their position on the plea.
Additional Solicitor General (ASG) Chetan Sharma and Permanent Central Government Advocate Ajay Digpaul accepted the opinion on behalf of the ministries.
The advocacy of law student Skrikant Prasad asserted that the law, which came into force on April 27, “redefines the Delhi government as the lieutenant governor” and restricts the power of the Delhi Assembly to lead the debates.
“In addition, the law provides that the opinion of the LG must be obtained before taking any executive action on the decisions of the Delhi government, on matters which may be specified by the LG,” said the petition.
Mr Prasad argued that the provisions of the law conflict with the Supreme Court’s order on the powers of LG and the Delhi government, with the supreme court saying that the LG would be bound by the help and advice of the Council of Ministers except in matters of land, police and public order.
Mr Prasad argued in court that the law would only increase the suffering of Delhi citizens who are already grappling with the COVID-19 pandemic and related problems of shortage of oxygen, essential medicines and beds .
He alleged that the provisions of the amending law are also contrary to various fundamental rights and Article 239AA of the Constitution.
Article 239AA of the Constitution, among others, provides that LG would be the administrative head of the National Capital Territory of Delhi and would be assisted and advised by the Council of Ministers on matters over which the Legislative Assembly has the power. power to legislate. .
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