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The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 needs to fit in with constitution for healthier governance in the Union territory. Elucidate.

Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

2.The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 needs to fit in with constitution for healthier governance in the Union territory. Elucidate. (250 words)

Reference:  Indian Express

Why the question:

The question is in the backdrop of recently passed bill of the Government of National Capital Territory of Delhi (Amendment) Bill, 2021.

Key Demand of the question:

One must explain in what way the NCR of Delhi bill is not in congruence with the constitution leading to dissonance with constitution.

Directive:

Elucidate – Give a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction:

Start with the background of the Bill.

Body:

Present in detail the critical analysis of the Government of NCT of Delhi (Amendment) Bill, 2021.

Contents of the Bill: Amendments to Article 239AA – Re-positioning the Government: Expression “Government” referred to in any law to be made by Legislative Assembly in Delhi shall mean “Lieutenant Governor”. Check on executive action.

Present the criticisms against the Bill – Violation of separation of power, Undemocratic precedence, May induce administrative chaos, Violation of Doctrine of pith and substance etc.

Support your arguments with suitable observations of the Supreme Court.

 Conclusion:

Conclude with way forward.