The proposed amendment has specified that the elected government needs to send legislative and administrative proposals to LG at least 15 and 7 days in advance respectively.
The Union cabinet approved some proposed amendments to the Government of NCT of Delhi Act to give more powers to the Lieutenant General, according to The Times of India report. Reportedly, the proposed amendments will prescribe the time-lines for the elected government in Delhi to send legislative and administrative proposals to the LG for his opinion. During the current Budget session of Parliament, the Union Government included the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 for consideration and passing of the bill.
As per the report, the amendments are being done to "reduce potential conflicts" and to make sure that "better governance" prevails in the national capital. One of the proposed amendments will add a category of bills that encroach upon matters, which fall outside the purview of the legislative assembly and which the LG must reserve for consideration of the President.
As per the current provisions, the Constitution confers power on the Lieutenant General, according to which, if LG has a different view from the council of ministers, he/she can refer the matter to the President to make a decision. In such situations, if the President's decision is pending, the LG may take the decision if he/she thinks that the matter is urgent. However, this provision of the Constitution became inoperative ever since the Supreme Court's ruling came on January 14, 2019 that said the Delhi Government need not seek LG’s ‘concurrence’ in every issue of day-to-day governance, but need to inform him.
The proposed amendment has specified that the elected government needs to send legislative proposals to LG at least 15 days beforehand and administrative proposals seven days in advance to seek his opinion and avoid delays.
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