The Union Government governs the Union Territories of India. Delhi, Jammu and Kashmir, Puducherry are exceptions who have their own elected governments. The Delhi state government is known as the Government of the National Capital Territory of Delhi (GNCTD) after the 69th constitutional amendment .

GNCTD has the Chief Minister and Lieutenant Governor as its heads; But when Parliament passed the Government of National Capital Territory Delhi (amendment) Act, 2021 giving overarching powers to the Delhi lieutenant governor over the elected government and the assembly. Now immense power is vested with the Delhi lieutenant governor.

Previous to the amendment, as per the Government of NCT of Delhi versus Union of India case verdict in 2018 ( Civil Appeal no 2357 of 2017), Lieutenant governor of Delhi has no independent decision-making powers and is bound to follow the "aid and advice" of the Delhi chief minister headed council of ministers of the Government of Delhi on all matters except those pertaining to police, public order and land. Thus, LG was only informed of the relevant developments but not necessarily before implementation or execution of the same. The concurrence of LG is only necessary in the matters relating to Police, Public order and Land.

The Government of National Capital Territory Delhi (amendment) Act, 2021 was introduced in Lok Sabha on 15th March 2021 passed in Rajya Sabha on 24th March 2021. The main provisions of the act are as follows:

1. The expression 'Government' referred to in any law made by the Legislative Assembly shall mean the Lieutenant Governor (LG).
2. The discretionary powers of the Legislative Assembly have been cut down by empowering LG.
3. The opinion of LG is to necessarily be considered before any decision is taken by the council of Ministers.
4. Legislative Assembly is not empowered to make any rule to enable itself or any committee to consider the matters of day to day administration of the capital or even conduct inquiries in matters related to the administrative actions/decisions. If at all such a rule is made, it would be considered void.
5. LG is empowered to take decisions on any matter that falls out of the purview of the powers conferred to the Legislative Assembly.
6. The Legislative Assembly is empowered to make rules for regulating the procedures and conduct of business only as long as it is consistent with the Rules of Procedure and Conduct of Business in House of the people.

This bill is criticised on the following grounds-

• It nullifies the Supreme Court judgement in the 2018 case which clearly mentions that LG is bound to follow the ‘aid and advice’ of the council of  ministers.
• This disregards section 239 AA of 69 th constitutional amendment which clearly states “The Council of Ministers shall be collectively responsible to the Legislative Assembly.”
• The role of elected government has been minimised. Thus, the Delhi citizens will be deprived of governing themselves in the matters of basic amenities like health, education, power and water supply, etc.

Overall, the amendment causes a stark change in the roles and powers of both Council of ministers and Lieutenant Governor in the favour of the  latter.