COVID-19 and Rule By Decree - A Case Study of NCT of Delhi

Abstract

The article attempts a quantitative as well as a qualitative analysis of the National Capital Territory of Delhi’s legislative productivity in the year 2020. The Legislative Assembly of Delhi produced only one piece of substantive legislation throughout the year, sitting for one of its fewest number of sessions. However, the business of the Government continued to run apace through several subordinate legislations. While most of these pertained to routine matters of day-to-day administration, two primary regulations embodied the entirety of the State’s pandemic response on the back of a colonial-era skeleton legislation. The article discusses the constitutional questions of concern raised by such promulgation of subordinate legislations, while acknowledging the backdrop of the emergency nature of the pandemic and the unique power-sharing arrangement in the Constitution of India regarding the National Capital Territory of Delhi.