THE DELHI MUNICIPAL CORPORATION (AMENDMENT) BILL, 2022

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The Delhi Municipal Corporation (Amendment) Bill, 2022 passed in both houses of parliament
The Issue fueled up due to the demolishing of illegal settlements in Delhi

The amendment provides a unified Municipal Corporation of Delhi by subsuming the South Delhi Municipal Corporation, the North Delhi Municipal Corporation and the East Delhi Municipal Corporation.
The corporation was trifurcated in 2012. According to the Government of India, The division of the corporation was uneven in terms of territorial divisions and revenue generation.
As a result, there is a huge gap in the resources available to the three corporations, vis-à-vis their obligation.
The gap has widened over time, increasing the financial difficulties of the civic bodies
At the moment the precise contours of the unified civic body are yet to emerge — especially in terms of the composition of its legislature and the executive.

Powers of the Delhi government: The Act as amended in 2011 empowers the Delhi government to decide various matters under the Act. These include: (i) total number of seats of councillors and number of seats reserved for members of the Scheduled Castes, (ii) division of the area of corporations into zones and wards, (iii) delimitation of wards, (iv) matters such as salary and allowances, and leave of absence of the Commissioner, (v) sanctioning of consolidation of loans by a corporation, and (vi) sanctioning suits for compensation against the Commissioner for loss or waste or misapplication of Municipal Fund or property.

Similarly, the Act mandates that the Commissioner will exercise his powers regarding building regulations under the general superintendence and directions of the Delhi government. The Bill instead empowers the central government to decide these matters.

Number of councillors: The Act provides that the number of seats in the three corporations taken together should not be more than 272. The 14th Schedule to the Act specifies 272 wards across the three Corporations. The Bill states that the total number of seats in the new Corporation should not be more than 250.

Removal of Director of Local Bodies: The Act provides for a Director of Local Bodies to assist the Delhi government and discharge certain functions which include: (i) coordinating between Corporations, (ii) framing Recruitment Rules for various posts, and (iii) coordinating the collecting and sharing of toll tax collected by the respective Corporations. The Bill omits the provision for a Director of Local Bodies.

Special officer to be appointed by the central government: The Bill provides that the central government may appoint a Special Officer to exercise powers of the Corporation until the first meeting of the Corporation is held after the commencement of the Bill.

E-governance system for citizens: The Bill adds that obligatory functions of the new Corporation will include establishing an e-governance system for citizen services on an anytime-anywhere basis for a better, accountable, and transparent administration.

Conditions of service for sweepers: The Act provides that a sweeper employed for doing house scavenging of a building would be required to give a reasonable cause or a 14-day notice before discontinuing his service. The Bill seeks to omit this provision.

The Indian model of federalism is called the quasi-federal system as it contains major features of both a federation and union.
It can be better phrased as ‘federation sui generic or federation of its kind.
Article 1 of the Constitution of India states that ‘India that is Bharat shall be a union of states.
Indian federation was not a product of coming together of states to form the federal union of India.
It was rather a conversion of a unitary system into a federal system.
It is a compromise between two conflicting considerations such as autonomy enjoyed by states within the constitutionally prescribed limit (State List) and the need for a strong centre given the unity and integrity of the country (Union List).

A strong centre – The Union Government becomes all-powerful in certain times like emergencies.

Article 200 of the Constitution of India demands that the States must comply with the central laws.
Other features include
Single Constitution
Single citizenship
Flexibility of Constitution
Integrated judiciary
Appointment of the Centre
All India Services
Emergency provisions

The temperament of federalism in India during the coalition era has changed discernibly.
Political deliberation seems to surpass the administrative and financial aspects of the Union-state relations in India.
The states having the governments of those parties that form part of the central coalition gives the impression of having little conflict with the Centre.
Their complaint is submissive or subdued and the general awareness is that they get particular contemplation and hold in matters of resources approved by the Centre.
As a consequence, it is raising that noise sometimes that the Centre is being partial against the states having governments of the opposition parties.

Article 239AA of the constitution, which is a provision that provides for special status for Delhi
Article 239AA(3)(b) gives power to Parliament to make laws for the state of Delhi " On any Matter"
Article 239AA has been subject to various litigations since its enactment and its scope was finally determined by the Supreme Court Of India in the NCT of Delhi vs Union of India Judgement in 2018

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