PRESENT FORM OF DELHI ASSEMBLY
The erstwhile Delhi Metropolitan Council set-up suffered from many
inherent deficiencies. It was a deliberative organ with no legislative powers
and it had only an advisory role in the governance of Delhi. There was,
therefore, a continuous demand for a full fledged State Assembly with Council of
Ministers to aid and advice the Lt. Governor. Accordingly, on 24th
December 1987, the Government of India appointed the “Sarkaria Committee” (later
on called “Balakrishnan Committee”) to go into the various issues connected with
the administration of Union Territory of Delhi and to recommend measures for
streamlining the administrative set up. The Committee submitted its report on
14th December
1989.
In accordance with the recommendations of the Balakrishnan Committee, the Parliament
passed the Constitution (69th
Amendment) Act, 1991, which inserted
the new Articles 239 AA and 239 AB in the Constitution providing, inter alia,
for a Legislative Assembly for Delhi. Another comprehensive legislation passed
by Parliament called“The Government of National
Capital Territory of Delhi Act, 1991”, supplements
the Constitutional provisions relating to the Legislative Assembly and
the Council of Ministers and matters related thereto. Section 33 of the Government
of National Capital Territory of Delhi Act provides for the framing of
the Rules of Procedure and Conduct
of Business of the
Legislative Assembly.
The Assembly consists of 70 Members – all chosen by direct election from
as many constituencies. At present
13 seats in the Assembly are reserved for Scheduled Castes. The Constitution
lays down that the strength of the Council of Ministers shall not be more than
ten percent of the total number of members in the Assembly. Thus there are Seven
Ministers in the Delhi Cabinet
The Assembly has the power to make laws with respect to all the matters
in the State List or in the Concurrent List of the Constitution of India
except Entries 1 (Public Order), 2 (Police), and 18 (Land), and entries 64, 65
and 66 relatable to the said entries of the State List.
The President
appoints the Chief Minister and on the advice of the Chief Minister appoints
other Ministers. The Ministers hold office during the pleasure of the President.
The Chief Minister and her Council aids and advises the Lt. Governor in the
exercise of his functions in relation to matters with respect to which the
Legislative Assembly has power to make laws.
The Lieutenant
Governor has the power to summon, prorogue or dissolve the Assembly. He can also address the Assembly or send
messages to it. The Lt. Governor addresses the first session of the Assembly
after each general elections and the first session of each
year.
The Assembly is a
privileged body and its members enjoy the freedom of speech in the House as well
as freedom to vote. The Members of the Delhi Assembly have all the powers and
privileges, which are enjoyed by the Members of Parliament. The proceedings of
the Assembly cannot be called in question in the Court of Law. Also the Member or the Presiding Officer
in whom powers are vested for regulating the procedure or conduct of business is
not subject to the jurisdiction of Courts in respect of exercise by him of those
powers.
Like members of
other State Legislatures and Parliament, the members of Delhi Legislative
Assembly are also empowered to vote in the election of the President of
India. They are also subject to the
Tenth Schedule of the Constitution, which contains provisions as to
disqualification on grounds of defection.
The Present
Assembly has certainly more powers than the Metropolitan Council and the one
Delhi had in 1952 under the Part-C States Act, 1951. Now only 3 subjects are
outside the purview of the Legislative Assembly, whereas as many as 9 subjects
were outside the competence of the 1952 Assembly.