'L-G asks Speaker to comply to GNCTD (Amendment) Act'
New Delhi: Delhi Lieutenant Governor Vinai Kumar Saxena has sent a message to the Speaker of Delhi Legislative Assembly Ram Niwas Goel asking the assembly to comply with the GNCTD (Amendment) Act 2021 that came into effect from 27 April 2021. The L-G stressed that the Assembly has to abide by the Constitution to ensure that the citizens of Delhi benefit by the vision of the Constitution.
As per sources, the L-G explained that even after 14 months of the GNCTD (Amendment) Act, 2021 coming into effect, Delhi Assembly, kept pending necessary amendments in its 'Rules of Procedure and Conduct of Business. Calling this "unreasonable and unexplained inaction by the Delhi Legislative Assembly", the LG noted that the Assembly needs to rectify its 'Rules of Procedure & conduct of Business' 1997 mandated by the Amendment. Flagging the issue, he stated it "contemptuous disregard" of the constitution and a deliberate indifference to the Parliament of India. Saxena has disposed of his Constitutional responsibility in terms of sub-section (2) of section-9 of GNCTD Act.
The LG in his message has quoted: "Sub-section (1) of Section 33 of the Government of National Capital Territory of Delhi Act, 1991 as amended up to date. The Act states "Provided that the Legislative Assembly shall not make any rule to enable itself or its Committees to consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to the administrative decisions, and any of the rule made in contravention of this proviso, before the commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, shall be void:"
However, the assembly has not rectified their 'Rules of Procedure and Conduct of Business' yet. Asking for action on the matter, the LG sent a message to Goel.
The speaker has to represent any message by the L-G in front of the assembly, in case they don't, it will lead to disregard of the constitution, noted Constitutional Expert and former Secretary Lok Sabha & Delhi Assembly S.K. Sharma. He added that if they don't, it will lead to the "failure of the constitutional machinery".
Sharma further added that failure of the constitutional machinery can lead to dire consequences, the Delhi Legislative has to keep this in mind before taking action but the people in power are not acting as per the Amended Act even after an year of its implementation which prompted the LG to message the speaker regarding this.
However, the Speaker's office stated the GNCTD (Amendment) Act "prohibits" the Assembly and its committees from making enquiries into administrative decisions.
"Then what will the committees look into? United Nations' affairs? Committees of the legislature look into administrative decisions and ask the government to fix responsibility of individual officers if found guilty by the committees," it said.
The legislature enforces accountability of the executive through these committees, it said.
"Parliament cannot, through an amendment, take away this fundamental function of the legislature. But this is what it has done through this amendment," said the Speaker's office. Aam Aadmi Party responded to the L-G's message to Goel by saying "The matter pertains to Delhi Assembly and we are sure the Speaker will act as per the constitution."
