The story so far: 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.
How did Delhi government evolve?
At the time of the commencement of the Constitution in 1950, Delhi was a Part C State. During the States reorganisation carried out in 1956, it was made a Union Territory to be governed by an administrator. The MCD was established in 1958, and a limited local government was established since 1966. Subsequently, as per the recommendations of the Balakrishnan committee (1989), the Constitution through the 69th amendment (1991) provided for a Legislative Assembly and council of ministers for the NCT of Delhi. However, the subjects of public order, police and land were excluded from the Delhi government; the Union government has control over them. The Government of NCT of Delhi Act, 1991 contains the detailed provisions relating to its legislature, executive and administration.
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What are the issues?
Since 2015, the Union government led by the Bharatiya Janata Party (BJP) and the Delhi government led by Aam Aadmi Party (AAP) have been at loggerheads on various issues. While political differences play a pivotal role in such conflicts, there are also important legal angles. The judgments of the Supreme Court have resulted in amendments to the Government of NCT of Delhi Act that have curtailed the powers of the elected government in Delhi. A brief summary of these developments in the last decade is provided in the Table below.
Apart from the issues between the Union and the Delhi government, the MCD with its elected representatives add another dimension to the problem as was witnessed in the recent unfortunate loss of lives due to electrocution and flooding in Delhi. The public at large witnessed the shifting of blame between elected representatives at all three levels.
What can be the way forward?
As part of its judgment in 2023, the Supreme Court mentioned that there is a triple chain of accountability in a democracy. The officials are accountable to the ministers; the council of ministers are collectively responsible to the legislative assembly; and the legislative assembly members are accountable to the people. The constant tussle between various layers of government ruptures such a chain of accountability.
The NCT of Delhi is spread over 1,450 sq kms while the capital of our country ‘New Delhi’ that houses most of the central government offices and foreign embassies is around 50 sq kms. In the U.S., Washington DC which is the capital district is spread only around 177 square kilometres. A similar approach may be considered where the area in ‘New Delhi’ of 50-100 square kilometres can be under the complete control of the Central government. The rest of the areas may be brought under the powers of the Delhi assembly. This would require a constitutional amendment after detailed deliberation and consensus. Nevertheless, under the existing set up, the spirit of the judgment of the Supreme Court in 2023 should be honoured.
This would ensure that the people of Delhi get responsible and responsive governance from all three layers of government irrespective of whichever party is in power.
Rangarajan. R is a former IAS officer and author of ‘Polity Simplified’. He currently trains civil-service aspirants at ‘Officers IAS Academy’. Views expressed are personal.
