Keywords: GNCTD, Constitutional validity.
The Constitutional validity of the Government of National Capital Territory of Delhi (GNCTD) ordinance is a complex and contentious issue that requires careful analysis. One of the key aspects of the ordinance is the clarification of the powers and functions of the Lieutenant Governor (LG) of Delhi. It grants more authority to the LG and specifies that the LG must be informed of all executive decisions taken by the elected government of Delhi and must give his concurrence before implementing them. This provision has been a subject of controversy, as it is seen by some as impinging upon the powers of the elected government and undermining the principles of federalism.
Opponents of the ordinance argue that it goes against the spirit of the Constitution, which envisions a representative form of government in the states and union territories. They contend that the ordinance curtails the powers of the elected government and concentrates authority in the hands of the LG, thereby diluting the democratic principles of governance.
On the other hand, proponents of the ordinance argue that it brings clarity and certainty to the division of powers between the elected government and the LG. They assert that it is a legitimate exercise of the central government’s power to ensure smooth governance and avoid conflicts between different branches of the administration.
The Constitutional validity of the GNCTD ordinance is likely to be tested in the courts, as legal challenges have been filed against it. The judiciary will have to examine whether the provisions of the ordinance are in line with the constitutional scheme and principles of federalism, and whether they strike the right balance between the powers of the elected government and the LG.
It is important to note that a definitive analysis of the Constitutional validity of the GNCTD ordinance can only be made by the judiciary after a thorough examination of the arguments and legal provisions involved. The final verdict will shape the future governance of Delhi and may have wider implications for the functioning of elected governments in other union territories as well.
Written by- Nitin Pradhan, College name – Army Law College an intern under Legal Vidhiya
