Third and Final Round: On the Tussle over Delhi’s Status : Daily Current Affairs

Relevance: GS-2: Structure, organization and functioning of the Executive; Issues and challenges pertaining to the federal structure.

Key Phrases: Articles 239AA and 239BB in the Constitution, 69th Amendment Act, Federal Equilibrium, Full Statehood, collaborative federalism.

Why in News?

The Constitution Bench of Supreme Court will decide on dispute between the Union government and the Government of the NCT of Delhi.
The bench will embark on interpreting a couple of phrases in Article 239AA, which confers a unique status for Delhi.
In 2018 also the Constitution Bench of five judges had rendered an authoritative pronouncement on various questions that arose from Article 239AA.

Government of NCT of Delhi Act 1991

The status of Union Territory with a Legislative Assembly of Delhi is an outcome of the 69th Amendment Act through which Articles 239AA and 239BB were introduced in the Constitution.
This act was passed to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital.
It outlines the powers of the Assembly, the discretionary powers enjoyed by the L-G, and the duties of the Chief Minister with respect to the need to furnish information to the L-G.
Section 44 of the act deals with conduct of business and there is no structural mechanism provided in the act for effective time bound implementation of said section.
Lt Governor of Delhi have the power to refer any matter, over which there is a disagreement with the elected government, to the President under Article 239AA(4).
The total number of seats in the Legislative Assembly, the number of seats reserved for scheduled castes, the division of the National Capital Territory into territorial constituencies and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.
The provisions of Articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, the Legislative Assembly of the National Capital Territory and the members and any reference in Articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament.

What is The Tussle Between Centre & Delhi?

The crux of the tussle relates to the extent of powers of the Lt. Governor and the elected Chief Minister of Delhi under Article 239AA.
There has also been repeated attempts made by political parties of all hues for granting full statehood for Delhi.
However, there are frequent frictions between the elected government in Delhi and the Union government which intervenes through the L-G – especially at times when two opposing political parties are in charge of the two governments.
The incessant frictions in the power sharing structure between the Central and state government is not only disruptive, but also slows down the development story of Delhi
The Delhi High Court in a judgment delivered on August 4, 2016 held that all proposal for legislation for policy changes of Delhi government must have the prior approval of the Lt. Governor. This was however appealed to Supreme Court.
- Delhi government had argued that this interpretation of the HC reduces Delhi to a department of the Union of India, effectively nullifying the utility of elected legislative assembly.
In 2018, the Supreme Court’s intervention brought some clarity and helped reduce the power tussle.

Government of NCT of Delhi vs Union of India Case 2018:

The Supreme Court defined the limits of L-G’s discretionary powers. The important points of that judgement were:
- L-G is bound by the aid and advice of the council of ministers except in subjects of land, public order and police.
- Executive decisions do not need the concurrence of the Lieutenant General. Further, the court also held that the L-G has no powers to overrule the decisions of the elected government.
- The difference of opinion has to be referred to the president under Article 239AA(4) provision.
- The Lieutenant Governor cannot act mechanically and refer every decision to the president.
- Only genuine cases of public interest can be referred to the President.
- Before referring a bill to the President, the L-G has to consider the principles of collaborative federalism, the concept of constitutional governance, objectivity, etc.
- Executive power rests with the council of ministers of NCT, Delhi. The union government has no overruling powers with respect to the executive powers.

Key Provisions of The GNCTD Amendment Act 2021:

Lt. Governor’s upper hand: The act makes it necessary for Delhi government to obtain the opinion of the lieutenant governor before taking any executive action and it forces the elected government to take the L-G’s advice before taking any action on any cabinet decision.
Statement of objects & reasons of the Act: The Union government claims that the amendment Act seeks to give effect to the Supreme Court’s interpretation and that it “further defines” the responsibilities of the elected government and the Lt Governor in line with the Constitutional scheme
Meaning of government: In its proposed amendments the Act mentions that the term “government” in any law made by the Legislative Assembly shall mean the L-G. It gives effect to “Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution”
Making rules: It seeks to add a provision in the original GNCTD Act, 1991, barring the Assembly or its committees from making rules to take up matters concerning day-to-day administration, or to conduct inquiries in relation to administrative decisions.

Conclusion:

Having a powerful local government in a national capital is not incompatible with the national interest. It is a question of political culture.
In Washington DC and Australian Capital Territory of Canberra, sub-national powers are indeed curtailed. But there are clear structures in place.
What Delhi needs is more clarity (here comes the significance of the Judiciary).
Its chief minister is a visible leader. It comes down to whether the national government and political parties have the maturity to be comfortable with federalism generally, and with strong local leadership in the national capital, in particular.
The Delhi Government and the Centre must embrace a collaborative federalism and interdependence so as to avoid any disputes which will impact the welfare of common man.

Sources: The Hindu

Mains Question:

Q.Discuss the power tussle between Centre & Delhi Government in light of various constitutional provisions and supreme court judgements? Also mention the changes brought in recently passed GNCTD Act 2021?