THE CONTEXT: The Supreme Court’s recent verdict on the Lieutenant Governor’s independent authority in appointing aldermen to the Delhi Municipal Corporation highlights the ongoing struggle for power between the Centre and Delhi’s elected government. This decision underscores the inherent vulnerability of Delhi’s elected Assembly to central control.
THE ISSUES:
- Independent Authority of the Lieutenant Governor (L-G): The Supreme Court of India upheld that the L-G of Delhi has independent authority in appointing aldermen to the Delhi Municipal Corporation without needing to act on the advice of Delhi’s Council of Ministers. This highlights the L-G’s statutory duty as an exception to the general rule that the advice of the Council of Ministers binds the L-G.
- Vulnerability of the Elected Government: The judgment underscores the vulnerability of the elected government of the National Capital Territory of Delhi to central oversight and control. The decision raises questions about the relevance and effectiveness of having an elected Assembly in Delhi when the Centre holds significant power over its functioning.
- Legal Framework and Historical Context: The Court’s decision is based on the letter of the law governing Centre-Delhi relations and earlier judgments aimed at balancing power between the elected regime and the appointed administrator. The Delhi Municipal Corporation Act, 1957, as amended in 1993, is cited as the legal basis for L-G’s independent appointing power.
- Political and Legal Conflicts: The ongoing political acrimony between the ruling Bhartiya Janata Party (BJP) at the Centre and the Aam Aadmi Party (AAP) in Delhi has led to conflicts and legal disputes over governance. The 2018 Constitution Bench attempted to create a framework to manage differences between the L-G and the Chief Minister, but conflicts persist.
- Parliamentary Supremacy Over Delhi Assembly: The Constitution grants Parliament the power to enact laws on any matter within the jurisdiction of the Delhi Assembly, unlike other states with exclusive legislative domains. This allows Parliament to amend or override any law made by the Delhi Assembly, effectively giving the Centre final authority.
- Implications for Legislative and Executive Powers: The coextensiveness of legislative and executive powers means that the Centre can undermine the Delhi government in various ways. This significantly affects the Delhi government’s autonomy and effectiveness, as the Centre can influence or control its legislative and executive functions.
THE WAY FORWARD:
- Strengthening Cooperative Federalism: The principle of cooperative federalism should be strengthened to ensure a harmonious relationship between the Centre and the Delhi government. Respecting the autonomy of elected state governments while ensuring collaboration with the Centre is crucial for maintaining the federal structure of India. The Government of National Capital Territory of Delhi (Amendment) Act, 2021, has been criticized for undermining the principles of cooperative federalism by giving the L-G overriding powers over the elected Delhi government.
- Clear Delineation of Roles and Responsibilities: To avoid conflicts and ensure smooth governance, the elected Delhi government and the L-G should clearly and transparently delineate their roles and responsibilities. Ambiguity in the roles and responsibilities leads to power struggles, and clear guidelines can help mitigate such conflicts. The 2018 Supreme Court judgment laid a framework to avoid escalation of issues arising from differences of opinion between the L-G and the Chief Minister, which can serve as a model for clear delineation.
- Empowering the Delhi Legislative Assembly: The Delhi Legislative Assembly’s legislative and executive powers should be expanded to ensure that the elected government can function effectively and fulfill its mandate. A democratically elected government must have control over its officers to ensure accountability and effective governance. The Supreme Court has ruled that the Delhi government has legislative and executive powers over administrative services, excluding public order, police, and land.
- Establishing Effective Governance Mechanisms: Effective governance mechanisms should promote transparency, accountability, and efficiency in Delhi’s administration. Emphasize the need for performance-based evaluation systems and transparent administrative processes to enhance the quality of governance. The Supreme Court has highlighted the importance of the triple chain of accountability, where civil servants are accountable to ministers, ministers to the legislature, and the legislature to the electorate.
- Promoting Dialogue and Collaboration: Constructive dialogue and collaboration between the Central and elected Delhi governments are essential for resolving differences and ensuring effective governance. The Supreme Court has ruled in favor of the Delhi government on several occasions, emphasizing the need for collaboration and respect for judicial decisions.
THE CONCLUSION:
The Supreme Court’s ruling reaffirms the Centre’s overriding authority in Delhi’s governance, raising critical questions about the true autonomy of the National Capital Territory’s elected government. As long as legislative and executive powers remain coextensive, the potential for central intervention persists, challenging the effectiveness of Delhi’s local administration.
UPSC PAST YEAR QUESTIONS:
Q.1 Can the Supreme Court Judgement (July 2018) settle the political tussle between the Lt. Governor and the elected government of Delhi? Examine. 2018
Q.2 Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think this will create a new trend in Indian federal politics? 2016
MAINS PRACTICE QUESTION:
Q.1 Discuss the implications of the Supreme Court of India’s verdict on the independent authority of the Lieutenant Governor of Delhi in appointing aldermen to the Delhi Municipal Corporation.
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