ANALYSIS OF THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND AMENDMENT BILL, 2021

INTRODUCTION

On February 8, 2021, the National Capital Territory of Delhi Laws (Special Provisions) Second Amendment Bill was introduced in the Rajya Sabha. The introduction of the new bill led to the revocation of the old National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance 2020. The introduction of the new bill also led to the amendment of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.

NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL, 2021

The Parliament passed the National Capital Territory of Delhi (Amendment) Bill, 2021 which tend to amend the National Capital of Delhi Act, 1991. The Bill provides that the term ‘government’ referred to in any law made by the Legislative Assembly of Delhi will imply Lieutenant Governor, LG.[1]

As per the bill, the government of Delhi has been prohibited to make any rule related to day to day affairs in Delhi. Further, G Kishan Reddy pointed out that the bill doesn’t tend to seek Delhi’s powers but intended to clear the equivocations concerning the powers of the LG at par with Union Territories within the country.[2] He also stated that the Centre gives due importance to the democratically elected government and has full faith in democracy and constitution but the bill tends to state the clarity regarding the role of LG in the National Capital Territory been appointed by the President of India.[3]

When the bill was taken to Rajya Sabha various questions were raised against it. Mallikarjun Khagre stated that the bill tends to take away the power f the democratically elected government and vests all the powers in the hands of the governor. Aam Aadmi Party MP Sanjay Singh termed the bill unconstitutional and trooped into the well of the House raising slogans.[4]  Mr Singh was also joined by various leaders like Dola Sen, Arpita Ghosh, Santanu Sen and Derek O’ Brien present in the House. Another congress leader Abhishek Manausinghvi also raised questions against the bill and calling the bill to be unconstitutional. He further also stated that the bill doesn’t clarify the legal scrutiny even if it’s been passed by Parliament.

Other opposition parties including DMK, RJD, NCP, Shiv Sena, Samajwadi Party and CPM also opposed the bill. Protest against the bill was also raised as leaders of various opposition party left the house. After a lot of debate and arguments finally on 28^th March 2021, the National Capital Territory of Delhi (Amendment) Bill 2021 was passed.[5]

RAJYA SABHA PASSES NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT) BILL, 2021

A bill has been introduced in the Rajya Sabha which seeks to amend the National Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance 2020. Union Minister for Housing and Urban Affairs Hardeep Singh Puri introduced the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2021 in the Upper House of Parliament.[6]

On 30^th December 2020, President Ram Nath Govind has propagated the ordinance which amended the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.

PARLIAMENT PASSES NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT) BILL, 2021

The bill was passed in the lower house after a lot of debate and arguments various questions were raised by the opposition party especially Congress and DMK over farm laws. The bill was already been passed by the Rajya Sabha last month. The bill seeks to replace the ordinance brought to the same effect by the President on the 30th of December last year. The legislation aims to amend the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.[7] The 2011 Act was valid till 31st December last year. The Bill seeks to extend this deadline till the end of December 2023.[8]

• THE 2011 ACT

The 2011 act provided for:

• Displacing slum dwellers and Jhuggi-Jhompri clumps in conformity with the provisions of the Delhi Shelter Improvement Board Act, 2010 and the Master Plan for Delhi, 2021.[9]
• Formalizing all the areas not authorized, village Abadi areas (and their additions).
• Forming a plan for all the farmhouse that has been created beyond the permissible areas and all such areas within the National Territory of Delhi.
• Not penalizing any action or causing any trouble to the people of Delhi with regards to any destruction or securing any building or structure covered under the Master Plan for Delhi. The Master Plan for Delhi was notified by the Central Government on 7^th February 2007. The objective behind Master Plan for Delhi was to formulate plans for the urban people and plans to deal with informal sectors.[10]

• EXTENSION OF VALIDITY

 The 2011 Act was valid till December 31, 2020.  The Bill seeks to extend this deadline to December 31, 2023.  [11]

• REGULARISATION OF UNAUTHORIZED COLONIES

The 2011 Act basically stated for the formalisation of unauthorised capital in Delhi, which survived on 31st March 2002 and in areas where construction happened until 1^st June 2014. The Bill amends this to provide that unauthorised colonies will be identified for regularisation as per the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019, and the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019.[12] The 2011 Act provided that till 1^st June 2014 all those colonies that were not authorized and had 50% development till 1^st January 2015 will be eligible for formulation. Now, the government wants to convert the ordinance into legislation through this bill.[13]

Speaking on the bill, Housing and Urban Affairs Minister Hardeep Singh Puri pointed out the importance and various aspects of the bill. Commencing the argument BJP leader Meenakshi Leekhi slammed the Delhi Government for not putting efforts and ignoring the development of unauthorized colonies in Delhi. She further attacked the previous Congress Government for unplanned urbanization in the national capital. Another party leader Ramesh Bidhuri also spoke on the bill.

CONCLUSION

So the main objectives behind implementing the bill was:

• It has made changes in the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.
• The bill safeguarded the colonies not authorized from being sealed.
• It aimed to formalize the unauthorized colonies in Delhi as on 1^st June 2014 and has seen development up to 50% as on 1^st January, 2015.

The 2011 Act was valid till December 31, 2020. The 2011 Act provided for the regularisation of the unauthorised colonies that existed in the national capital as of March 31, 2002, and where construction took place till June 1, 2014. The bill’s need was essential for those group of people who lived in Delhi in the unauthorized colonies and were not receiving proper and adequate services. The introduction of the bill gave ownership rights to those people who resided in the unauthorized colonies. It would facilitate access to institutional credit and also improve the basic amenities.

[1] http://newsonair.com/News?title=Parliament-passes-National-Capital-Territory-of-Delhi-(Amendment)-Bill (Visited on 1^st May, 2021).

[2] The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 (prsindia.org) (Visited on 1^st May, 2021).

[3] Anando Bhakto, 23^rd April, 2021, thehindu.com

[4] http://newsonair.com/News?title=Parliament-passes-National-Capital-Territory-of-Delhi-(Amendment)-Bill (Visited on 1^st May, 2021).

[5] Government of NCT of Delhi (Amendment) Act, 2021 Receives Presidential Assent. (byjus.com) (Visited on 1^st May, 2021).

[6] https://www.scconline.com/blog/?p=246046#:~:text=Amendment)%20Bill%2C%202021 (Visited on 1^st May, 2021).

[7] The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2021 (prsindia.org) (Visited on 1^st May, 2021).

[8] National Capital Territory Bill – INSIGHTSIAS (insightsonindia.com) (Visited on 1^st May, 2021).

[9] 224015. Pdf (egazette.nic.in) (Visited on 1^st May, 2021).

[10] https://www.scconline.com/blog/? (Visited on 1^st May, 2021).

[11] The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2021 (prsindia.org) (Visited on 1^st May, 2021).

[12] 224015.pdf (egazette.nic.in) (Visited on 1^st May, 2021).

[13] Parliament passes National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2021 (newsonair.com) (Visited on 1^st May, 2021).