STATEHOOD
TO DELHI – POLITY
What's
in the news?
●
Recently, the debates about the conflict
between the Union government and the Government of the National Capital
Territory of Delhi (GNCTD) over the grant of Statehood to Delhi started again.
Backdrop:
●
After India attained independence on
August 15, 1947, New Delhi was declared the capital of the Union of India.
●
The
Union Territory of Delhi was constituted from the Chief Commissioner’s Province
of Delhi under the States Reorganization Act of 1956.
●
The 69th Constitutional Amendment Act of
1991 conferred the UT of Delhi with a special status.
●
It re-designated Delhi as the National Capital Territory of Delhi.
●
It designated the administrator of Delhi
(under Article 239) as the Lieutenant
Governor (LG) of Delhi.
●
These special provisions for Delhi were
provided under Article 239AA.
●
Article 239: Administration of Union
territories.
Status
of National Capital Territory of Delhi:
●
The 69th
Constitutional Amendment designated Delhi as the National Capital Territory
of Delhi and provided for the
Legislative Assembly.
●
However, it was not conferred with full statehood and is administered by the union
government through Lieutenant Governor.
●
Article
239AA and 239AB, declares the powers and limitations to
the legislature of the NCT by keeping public order, police and land out of its
purview.
●
This has been a bone of contention between
successive governments in Delhi and the Union Government, for granting proper
statehood to Delhi.
Provisions
of Article 239AA:
●
The Union territory of Delhi was changed
into the National capital territory of Delhi.
●
Administrators
appointed under Article 239 will be called as Lieutenant Governor.
●
Legislative
assembly:
○
Total number of seats in the assembly and
reservation in the assembly is governed by the law of the parliament.
○
Legislative assembly can make laws on any
subjects from state list and concurrent list except entries 1,2 and 18.
●
Council
of ministers should not exceed 10 percent of the total strength of the
assembly.
●
In case difference of opinion between
Lieutenant Governor and state government, LG should refer the matter to the
president and act on the direction of
the President.
●
Chief
minister and council of ministers are appointed by the president.
●
Lieutenant Governor is empowered to
promulgate ordinances during the Recess of the Legislative Assembly.
How
is Delhi different from other states?
●
Article 239AA of the Constitution
expressly precludes the state government of Delhi from control on the subjects
of land, police and public order.
●
Any law passed by Delhi assembly with
respect to local bodies has to be sent to Urban Development Ministry for
approval and it should be in concurrence with Municipal Corporation Act 1957.
Demand
of Statehood status for NCT of Delhi:
1.
Elected representatives want statehood:
●
As the CM and legislature is elected by
the people, they are responsible for the governance of Delhi. Hence, they must
be given sufficient power to deliver the same.
2.
Control over police:
●
After increasing incidents of rape and
other crimes, the demand for control over Delhi Police has become stronger,
with logic of democratic control.
●
As land doesn’t come into Delhi government
purview, it has to depend on the central government for approval of acquisition
for infrastructural development.
3.
Aspirations of people:
●
Delhi is already the world's second most
populous city in the world with acute water problems and other urbanization associated problems.
●
There are three major power centers in
Delhi such as Union government, State government and Municipal bodies - without
clear demarcation of duties and responsibilities. The grey areas still prevail largely making governance of the urban
centre complex.
4.
Conflict between elected government and Lieutenant Governor:
●
Many times the Art. 239AA and the clause
45 of NCT Act is misused by the Lt. Gov.
to decide on discretion without consulting the democratically elected
government. This undermines the democratic ethos of Delhi.
Advantages
of extending statehood:
1.
Bureaucratic control:
●
The state government will have power
pertaining to the recruitment and conditions of service of officials of the
civil services, clerks, etc.
2.
Single administration:
●
Grant of statehood to Delhi would bring
the administration under the control of one single body, i.e., the state
government led by the Chief Minister and Council of Ministers, and would avoid
a multiplicity of authorities.
3.
Avoidance of conflict:
●
The clauses under Article 239 AA are
sometimes being misused by the Lieutenant Governor to exercise power under
discriminatory situations without consulting the democratically elected
government. This undermines the
democratic ethos of Delhi.
4.
Legislative power:
●
Due to a lack of control over the police,
the Government of Delhi faces problems in the proper maintenance of law and order in the union territory.
●
Since the Government of Delhi has no
control over the municipal corporation of Delhi, it hinders the implementation
of development measures.
5.
Delhi Development Authority (DDA):
●
The Delhi government has no say over the
affairs of DDA. This hinders the effective allocation, use of land and
implementing welfare schemes.
6.
Development:
●
Delhi which has a growing population of 2.7 crore people, as of
today, is no longer just a Union Territory. In Delhi, issues such as housing,
water, electricity, transport, etc.
Arguments
against the statehood status to NCT Delhi:
1.
Critical infrastructure:
●
Being the national capital, Delhi hosts
various critical infrastructures such as parliament, presidential estates, and
embassies.
●
Maintenance of these is extremely
important and cannot be handed over to a different entity.
2.
Administration:
●
Granting statehood might lead to various
administrative problems especially in law and order which would be detrimental
for the national capital.
●
Quality of governance might decline due to
impact on finances
3.
Security concerns:
●
Security
of embassies, parliament, etc.
●
Further, there is the issue of safety and
security of visiting dignitaries of different countries and also heads of
states. The responsibility of ensuring security to them lies on Centre and
state cannot be entrusted with it.
4.
Land:
●
Control over land is required especially
in areas with central government
institutions, embassies.
●
When the NCT of Delhi was established, the
concept was pretty clear, and that is that when Delhi is the seat of the Union
Government, there can’t be 2 authorities.
●
Also, when we look at examples from the
world over, the practice is the same. Example: Washington DC. In Washington, there is only a mayor. There isn’t an
elected government there.
WAY
FORWARD:
●
Though granting absolute statehood is not
desirable, there should be considerable
sharing of power.
●
The
elected government in Delhi should be provided a decisive say in the municipal
body for a cohesive approach, and proper urban planning.
●
The state government should also be given
more authority on the police and made accountable in controlling crime.
●
The misuse of discretionary powers of the
L-G of Delhi, if any, should be checked.
●
Coordinated
efforts by Centre and Delhi government for effective governance
and to uphold public interest.
●
The dispute over the powers of L-G of
Delhi and the elected government of Delhi should be resolved.