WHEN the people of Delhi are suffering from the tsunami of Covid-19 and they need the government’s support to save their lives and livelihoods, the Narendra Modi government has implemented an unconstitutional transfer of power in the national capital against a popular mandate. The Ministry of Home Affairs (MHA) has notified the enforcement of the Government of NCT of Delhi (Amendment) Act 2021 a few days ago under which the Lieutenant Governor (L-G) has assumed the authority of the “Government of Delhi”. Now, Delhi’s Chief Minister Arvind Kejriwal and his cabinet colleagues will need the approval of the L-G before taking any decision or announcing any policy or programme for the welfare of the people of Delhi. In a practical sense, the Modi government has reduced Delhi to a union territory. This is nothing but a fraud with the people of Delhi who had voted in favour of a political party to run the administration in Delhi a few years ago in the hope of getting a full statehood for Delhi.
Sadly, the central government has used its parliamentary majority to butcher popular ambitions and snatch power from an elected government that has legislative support. Not only this, the transfer of power also goes against the 2018 verdict of the Supreme Court that had given a free hand to the Kejriwal government to run the Delhi administration without knocking on the doors of the L-G in every case. The amended NCT Act dilutes the Supreme Court’s judgment as well as the basic spirit of our parliamentary democracy that allows the popularly elected persons to run the government.
This story is from the May 24, 2021 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the May 24, 2021 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber? Sign In
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
