Amidst much uproar from the Opposition benches, the Rajya Sabha on the late hours of Wednesday passed the Government of National Capital Te...

Amidst much uproar from the Opposition benches, the Rajya Sabha on the late hours of Wednesday passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2021. Legislators from Opposition parties walked out of the house at the time of voting after the government refused to send the Bill for the consideration of a Select Committee. This Bill, which will fortify the Centre’s grip over Delhi, had been passed by the Lok Sabha on March 22 and will soon become law after Presidential assent.
The Bill ostensibly seeks to “give effect to the interpretation” made by the Supreme Court on the constitutional provisions regarding the structure of governance in Delhi and “clarify” that the expression “Government” shall mean the Lieutenant Governor.
In reality, it completely nullifies the 2018 judgment of the five-judge Constitution Bench of Supreme Court in Government of National Capital Territory of Delhi v. Union of India that laid down the primacy of the elected government in Delhi. This Bill challenges the fundamental underpinnings and principles of democratic government and federalism in India.
Undermining democratic government
The Bill undermines the authority of the democratically elected government of Delhi in several ways. Firstly, it states that the expression “government” referred to in any law made by the Legislative Assembly shall mean...