Amendments to GNCTD Act, 1991 Do not Alter Constitutional and Legal Responsibilities of Elected Government in Respect of Transferred Subjects in State & Concurrent Lists

The Government of National Capital Territory (GNCTD) Amendment Act, 2021 has come into force after being passed by the Lok Sabha on 22.03.2021, by the Rajya Sabha on 24.03.2021, and after the assent of the President of India on 28.03.2021.  The Amendment Act has the effect of amending Sections 21, 24, 33 and 44 of the Act.

The objective of the Amendment Act is to make it more relevant to the needs of the Capital; further define the responsibilities of the elected Government and the Lt. Governor (LG); and, create a harmonious relationship between the Legislature and the Executive.  The Amendment would ensure better governance in the NCT of Delhi and lead to improved implementation of schemes and programmes meant for the common people of Delhi.

The amendments are consistent with the existing legal and constitutional provisions, and are in line with the judgements of the Hon’ble Supreme Court dated 04.07.2018 and 14.02.2019.

The amendments to the GNCTD Act, 1991, in no way alter the constitutional and legal responsibilities of the elected Government to take necessary action, in respect of the subjects transferred to them in the State and Concurrent Lists of the Constitution of India, including subjects such as health, education, etc.