New Delhi, May 24 (ILNS) The Delhi High Court today issued notices to the Central Government and the Government of NCT of Delhi returnable by July 23, while hearing a petition challenging the constitutional validity of the Government of NCT of Delhi Amendment Act, 2021.
The writ was preferred by petitioner Neeraj Sharma with prayer to declare the aforementioned Amendment Act as unconstitutional and ultra vires of Articles 14 and 21 of the Constitution, fundamental rights and the well-settled principles of democracy.
The petitioner submitted that the Amendment Act transgresses and pervades even the Constitutional Bench Judgement of the apex court in the Government of NCT of Delhi, 2018 SCC Online SC 661.
The Amendment Act has a provision of asking for a mandatory prior opinion of the Lieutenant Governor before taking any executive action, which is violating Article 14, being arbitrary in nature, the plea added.
The petition further submitted that defining the Lieutenant Governor as a Government violates the principal of democracy, which speaks the will of the people to govern. The said Amendment Act is nothing, but an exercise of colourable legislation and as status of NCT of Delhi, although not a state yet is sui generis, the same would be changed due to this Amendment, alleged the plea. ILNS/KR/RJ