TUSSLE BETWEEN DELHI AND CENTRE – POLITY
News:
Why have an elected govt in Delhi if full control is with you, Supreme Court
asks Centre
What's in the news?
● The
Supreme Court asked the Centre that what is the purpose of Delhi having an
elected government if the entire administrative control is to be with the
Central Government.
Central Government's remarks during the hearings:
● The
very purpose of creating a graphical
area as the Union Territory by itself suggests that the Union itself wants to
administer the territory, meaning thereby through its own offices. So, all
Union Territories are administered by Central civil services officers and all
Central government officers.
● There
is a difference between functional control of officers and their administrative
or disciplinary control, and that the former is always with the minister as
representative of the elected government.
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:
● Inserted
through 69th Constitutional Amendment Act 1991.
● 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.
● Incase
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 center 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.