New Delhi: The biggest impact of the passage of the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 in parliament this week is likely to be on the expansion of populist schemes by the Aam Aadmi Party (AAP) government related to free water, electricity and travel. These schemes had helped the party rise rapidly but also led to it being established in the national capital as an alternative to the Congress and the BJP.Following the passage of the Bill – in the Lok Sabha on March 22 and then in the Rajya Sabha on March 24 – AAP leaders, including national convener and Delhi chief minister Arvind Kejriwal and his deputy Manish Sisodia, criticised the move. They said it would put “obstacles” in the elected government’s way and was aimed at hampering its functioning. They said AAP’s governance model was being appreciated across the country and even abroad.For his part, Kejriwal had on March 24 tweeted: “We will continue our struggle to restore power back to people. Whatever be the obstacles, we will continue doing good work. Work will neither stop nor slow down.”If LG is ‘government’, what will elected government do?Earlier too, Kejriwal had tweeted that if in the case of Delhi, the government means the Lieutenant Governor (LG), then what would the elected government do.The Bill says-1. For Delhi, “Govt” will mean LGThen what will elected govt do?2. All files will go to LGThis is against 4.7.18 Constitution Bench judgement which said that files will not be sent to LG, elected govt will take all decisions and send copy of decision to LG https://t.co/beY4SDOTYI— Arvind Kejriwal (@ArvindKejriwal) March 15, 2021Following the passage of the Bill in parliament, Sisodia too had claimed that the legislation was brought to stall Kejriwal’s model of governance.Delhi AAP spokesperson Ghanendra Bharadwaj told The Wire that the legislation brought by the Centre will greatly impact the rollout of schemes at the ground level.“The 2018 ruling of the Supreme Court had clearly defined the roles of both the elected government and the LG. In Delhi, the LG acts as a bridge between the Centre and Delhi government and his role was meant to be that of an administrator, the court had clearly ruled,” he said.Also Read: The Delhi Amendment Bill Will Increase Rift Between Elected Government and Centre‘Many schemes were brought through executive orders after SC ruling’“After the apex court ruling, whatever schemes were brought by the AAP government in Delhi, be it the Tirth Yatra scheme or those related to electricity or free travel of women, they were all implemented through mere issuance of executive orders,” Bharadwaj said.However, he added that the amendment, which is not even a constitutional amendment has changed the power equation. “It goes against the spirit of Government of NCT of Delhi Act, 1991 which clearly defined the powers of the elected government and the Delhi Assembly,” he insisted.At a time when the Kejriwal government already has little control over the administrative officials or the bureaucracy, Bharadwaj said, “this latest amendment says that all decisions have to be routed through the LG. It thus reduces the functioning of the elected government to nil”.“The transfer and posting of administrative officials is in the hands of the LG. With public order already in the hands of the LG, the elected CM does not even have power to place an SDM of his liking in a particular area. The LG also has law and order under him, so the transfer and posting of police officials is also done by him. With land also under him, he also looks after Delhi Development Authority as its chairman,” he said, explaining how many of the powers already vested with the LG earlier.AAP MP Sanjay Singh speaks in the Rajya Sabha during the discussion on the GNCTD Bill in the Rajya Sabha, March 24, 2021. Photo: RSTV screengrab via PTI‘For schemes beneficial to people, government will have to approach LG’The problem with the new amendment is that it would also impact the lesser parts of governance in Delhi. So, Bharadwaj said, if the elected government decides to provide free travel to all public buses, it will now have to approach the LG.“Likewise, if the Kejriwal government decides to provide 300 units of power subsidy to people instead of 200 units, keeping in mind their increased consumption during the summer months, it would have to go to the LG before taking such an administrative decision,” he pointed out.For appointing a chairman in a wholesale market too, the elected government will now have to send the file to the LG’s office. Also, if the CM has to make appointments to a college governing body, even then the file will have to go to the LG.So now for every decision, for day-to-day working, the elected government will have to approach the LG, lamented Bharadwaj.“Another example is that if we bring a Bill in the Delhi assembly to increase reservation for women from 33% to 50%, then it would be okay that the law would have to be routed through the LG, as he would be required to take the opinion of constitutional experts. That is understandable. But if we have to bring out administrative orders providing for free travel to men, like we did for women; or if we want to provide free travel or some welfare scheme for students; or waive the exam fees for Class X and XII boards in view of COVID-19, then too, we will have to approach the LG,” he elaborated.Also Read: AAP Cries Foul After Centre Blocks Delhi Govt’s Doorstep Ration Delivery SchemePast experience shows LG can delay critical decisionsThen, Bharadwaj said, it will be up to the LG to take a decision. “Like earlier, when Najeeb Jung was the LG, he would sit on the files. That led to a peculiar situation where a CM, accompanied by his ministers, was compelled to hold a dharna at the LG’s residence,” he said.Also, this shifting of the power-centre, he said, would result in delays in decision making. “If, for example, a minister is to take a decision today, under powers envisaged in him, is to appoint a patients’ welfare committee in a hospital, he would simply issue an order as a public order to the effect and his secretary would publish it. But under the new law, the file with the proposal will have to be sent to the LG first.”Similarly, Bharadwaj said, “As the government was not able to do a lot of things in the constituencies due to COVID-19 last year, this year we were planning to give more funds to the tune of around Rs 10 crore each to all the legislators for conducting developmental works. But we doubt if the L-G would let us move forward with such a proposal. He can sit on the proposal, giving the excuse that he would seek expert opinion in the matter, just the way Jung did with the proposals for mohalla clinics and CCTV project earlier.”File photo of Delhi LG Anik Baijal. Photo: PTIAmendment will weaken hold of elected government over officialsBharadwaj said the new law will also weaken the control of the elected government over the bureaucracy, as it protects them from being questioned. “This would reduce the functioning of the elected government to nil. If for everything we will have to sit in the LG’s office, then what is the meaning of the elected government?” he asked.Incidentally, AAP spokesperson Raghav Chadha, who is also the chairperson of the Delhi assembly’s Peach and Harmony Committee, had earlier charged that even the powers of the committees of the assembly will get impacted by the legislation. He had questioned the move to change the law, saying the assembly represented the will of the people.The new amendment is also expected to provide some level of protection to the government officials from appearing before house committees, especially in matters of day-to-day administration.