A month after Parliament passed a controversial bill giving sweeping powers to Delhi’s Lieutenant Governor (LG), the Centre on Wednesday notified a law that makes his prior opinion a must before every executive action by the Arvind Kejriwal-led Delhi government, and every legislative action by the state assembly.
An order by the LG’s office on Wednesday evening — hours after the amended Government of National Capital Territory of Delhi (Amendment) Act, 2021 was notified — said that matters on which his opinion will have to be obtained include those falling under any law with respect to any matter in the state or concurrent lists. It also mentioned “subordinate legislations i.e. rules, regulations, schemes, bylaws”, and establishment, constitution or reconstitution of statutory bodies such as authorities, boards, committees, commissions, etc, under laws made by the legislative assembly.
“Matters relating to recommendations of the Delhi finance commission” and “grant of parole under the Delhi Prisons Act” were also part of the order. Matters specified under Rule 23 of the Transaction of Business of the Government of NCT were also mentioned.
Experts said all files on governance, decisions taken by the cabinet, proposed projects, welfare schemes, etc, will have to be sent to the LG first for his opinion before implementation. Whether the amendment shall mean a concurrence of the LG or will act as a tool to enable the Delhi government take an informed decision is a crucial question that remains unanswered in the text of the amended Act. It will also need a clarification whether the “opinion” rendered by the LG shall be binding or will only have persuasive value.
News Source: HindustanTimes