Moving SC over Centre taking Assembly's powers away: Goel

New Delhi: Delhi Assembly Speaker Ram Niwas Goel on Friday accused the Centre of "snatching'' the powers of House committees by amending the GNCTD Act and said they would move the Supreme Court over the issue. He alleged that through the amendments in the GNCTD Act, the Centre wants to impinge on the power of Delhi Assembly committees.

The amended act, passed in Parliament in March this year, makes it clear that the "government'' in Delhi means the "Lieutenant Governor''. The legislation makes it mandatory for the Delhi government to take the opinion of the lieutenant governor before any executive action. It also prohibits the Assembly from making any rule to enable itself or its committees to consider the matters of the day-to-day administration of the NCT of Delhi and also does not allow to conduct any inquiry in relation to administrative decisions.

"We will approach the Supreme Court on this matter. We will challenge only that portion of the GNCTD Act which is regarding snatching away the powers of the Assembly Committees. We are taking legal opinion on the matter,'' Goel said in a press conference.

He said the GNCTD Act passed by the Centre is "unconstitutional'' and also in violation of the July 4, 2018, Supreme Court Constitutional bench judgment. ''The day it (Act) was passed was a 'black day','' Goel said.

The amended legislation was notified by the Centre on April 27, 2021.

Goel said the Supreme Court had in July this year given a verdict in favour of the Assembly committee on peace and harmony, which is examining the role of Facebook in the northeast Delhi riots that took place in February 2020. The social media giant had approached the court after the Assembly committee on peace and harmony summoned its executives in connection with the probe.

"This verdict came after the Centre's notification of the GNCTD (Amendment) Act 2021. In the order, the court had clearly said the Assembly and its Committees have the power to conduct inquiries and issue summons in this connection,'' the speaker said.

Goel also criticised the L-G's directives to the officials for not providing answers to questions on reserved subjects that include land, police and public order. On March 29, 2018, the L-G had written to the then law secretary who in turn wrote to the Assembly that questions on any reserved subject will not be accepted, he said.

"This was unconstitutional. We know the House can not make laws on reserved subjects. But from 1993 to 2018, the Assembly held discussions on such subjects. There are 34 questions which were asked by MLAs on reserved subjects but their answers were never provided,'' Goel said.

He said two of such questions on the matters of services and police were asked by MLAs Somnath Bharti and Bandana Kumari in this Monsoon Session of the House but answers were not provided. This matter will be sent to the privilege committee of the Assembly. The Speaker said that the Assembly will make "the act of not answering such questions'' as the base and approach the top court against those provisions of the GNCTD ACT which "curtailed'' the powers of the Assembly committees.