Courts Update PIL filed in Delhi HC, challenging GNCTD Amendment Act

PIL filed in Delhi HC, challenging GNCTD Amendment Act

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New Delhi, May 4 (ILNS): A PIL has been filed in the Delhi High Court, challenging the GNCTD Amendment Act and alleging that the amended provisions are illegal, malafide, and without any basis.

The PIL said these provisions are restricting the Delhi government from taking executive decisions. The Bench of Chief Justice DN Patel and Justice Jasmeet Singh today issued notice, wanting a response from respondents in four weeks.

The PIL has been filed by Shrikant Prasad, a law student, alleging that the GNCTD Amendment Act, 2021 abridges the power of a duly-elected Chief Minister and is contrary to the Articles 14, 19 and 21 of the Constitution.

The petition submitted that the President had recently given his assent to the Amendment of the GNCT of Delhi Act, 1991, which provides framework for functioning of the Delhi Legislative Assembly and redefines Delhi Government as the Lieutenant Governor.

“The Counsel submits that the impugned GNCTD Amendment Act, 2021 is violative of the principles of the Constitution of India, 1950 (as amended as in force). Article 239AA gives special powers to the Govt of NCT of Delhi. Clause 6 of Article 239AA of the Constitution of India mandates that the Council of Ministers shall be collectively responsible to the Legislative Assembly. Section 4 of the impugned Act mandates that all the decisions taken by the NCT govt will have to be passed with the prior approval of the Lt. Governor. Article 239AA (4) mandates the composition of ministers in the Government in Union Territories. If the Government has to take prior approval of the Lt. Governor then the powers under Article 239AA will be undermined and that is a clear violation of Article 239AA,” said the petitioner. The next hearing is on June 4.ILNS\GM\SJ\RJ

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