UNION GOVERNMENT AND DELHI

1. Context

The Supreme Court has ruled that the Lieutenant Governor (LG) of the National Capital Territory (NCT) of Delhi can nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) on his own without the aid and advice of its council of ministers. This has added to the friction between the Union government, the Delhi government and the local government

2.Evolution of Delhi Government

When the Constitution was enacted in 1950, Delhi was classified as a Part C State. Following the States Reorganisation in 1956, Delhi was designated as a Union Territory under the governance of an administrator.

The Municipal Corporation of Delhi (MCD) was established in 1958, and a limited local government was set up in 1966. Later, based on the recommendations of the Balakrishnan Committee in 1989, the 69th Constitutional Amendment in 1991 introduced a Legislative Assembly and a Council of Ministers for the National Capital Territory (NCT) of Delhi.

However, the powers related to public order, police, and land were retained by the Union government. The Government of NCT of Delhi Act, 1991, outlines the detailed provisions regarding Delhi's legislature, executive, and administration

Part C State: When the Constitution of India came into force in 1950, Delhi was categorized as a Part C state. Part C states were centrally administered territories governed by a Chief Commissioner appointed by the President of India
Union Territory: In 1956, the States Reorganisation Act restructured the states and territories of India. As a result, Delhi was transformed from a Part C state into a Union Territory, directly administered by the central government through an appointed administrator
Local Governance: The Municipal Corporation of Delhi (MCD) was established in 1958 to manage civic services and urban infrastructure in Delhi. This marked the beginning of local governance in Delhi
Delhi Metropolitan Council: In 1966, a limited form of local government was introduced with the establishment of the Delhi Metropolitan Council. It was a partially elected body, and its role was largely advisory, with limited legislative powers. The real executive power remained with the central government-appointed Chief Commissioner and later the Lt. Governor
Proposal for Greater Autonomy: The Balakrishnan Committee was formed in 1989 to review the administrative and political setup of Delhi. The committee recommended granting Delhi a legislative assembly and a council of ministers to enhance its self-governance capabilities.

National Capital Territory (NCT) of Delhi: Based on the Balakrishnan Committee's recommendations, the 69th Constitutional Amendment Act, 1991, was enacted. This amendment granted Delhi special status as the National Capital Territory (NCT) of Delhi and provided for the creation of a Legislative Assembly and a Council of Ministers.
Limited Powers: The amendment, however, restricted the powers of the Delhi government, especially in areas of public order, police, and land, which remained under the control of the Union government
Legislative and Executive Structure: This act laid down the detailed provisions for the functioning of Delhi's legislature, executive, and administration. It established the framework for a functioning legislative assembly, outlining the powers and responsibilities of the elected representatives and the chief minister
Centre-State Relations: Over the years, the relationship between the Delhi government and the central government has seen various tensions, particularly concerning control over critical areas like police, land, and public order. These have led to legal battles and political debates about the extent of autonomy that should be granted to the Delhi government.
Government of NCT of Delhi (Amendment) Act, 2021: This recent amendment further clarified the roles of the Lt. Governor and the elected government, reinforcing the Lt. Governor's authority in matters where there is a difference of opinion between the Delhi government and the central government

3.Balakrishna Committee

The 1989 Balakrishnan Committee, formally known as the S. Balakrishnan Committee, was established to examine the administrative and political structure of Delhi. The committee's primary task was to review the governance framework of Delhi and recommend changes that could enhance its self-governance, given its unique status as the national capital.

Key recommendations:

The committee recommended the establishment of a Legislative Assembly for Delhi. This body would allow for greater local representation and legislative powers to address the needs and concerns of the people of Delhi
Alongside the Legislative Assembly, the committee proposed the creation of a Council of Ministers, headed by a Chief Minister, to exercise executive powers. This would enable more localized decision-making and governance, giving the elected representatives the ability to manage Delhi's day-to-day affairs
The committee suggested granting Delhi a special status as a National Capital Territory (NCT), recognizing its unique role as the capital of India. This status would differentiate it from other Union Territories and states, allowing for a tailored governance structure
Despite advocating for greater autonomy, the committee recommended that certain key areas should remain under the control of the Union government due to Delhi's national significance. These areas included:
- Public Order: Ensuring the maintenance of law and order in the capital.
- Police: Control over the police force, which is crucial for national security.
- Land: Regulation of land and its usage, which has implications for national institutions and foreign missions located in the capital.

The recommendations of the Balakrishnan Committee laid the foundation for the 69th Constitutional Amendment Act of 1991. This amendment provided Delhi with a Legislative Assembly and a Council of Ministers, giving it a unique governance structure as a National Capital Territory with limited statehood. However, as recommended, the key subjects of public order, police, and land remained under the Union government's jurisdiction, reflecting the balance between local self-governance and national control

4. Way Forward

In its 2023 ruling, the Supreme Court highlighted that democracy operates through a triple chain of accountability: officials answer to ministers, the council of ministers is collectively responsible to the legislative assembly, and members of the legislative assembly are accountable to the people. However, ongoing conflicts between different levels of government can disrupt this chain of accountability.

For Prelims: National Capital Territory of Delhi (Amendment) Bill, 2021, Lok Sabha, Lieutenant Governor, Article 239, Article 239AA, Article 239BB, and Article 145(3).

For Mains: 1. Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and the elected government of Delhi? Examine. (UPSC 2018)

Previous year Question

1. In the context of India, which one of the following is the characteristic appropriate for bureaucracy? (UPSC 2020)

A. An agency for widening the scope of parliamentary democracy

B. An agency for strengthening the structure of federalism

C. An agency for facilitating political stability and economic growth

D. An agency for the implementation of public policy

Answer: D

Source: The Hindu

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