Administration of New Delhi

IN NEWS:

• The Rajya Sabha passed the Government of National Capital Territory of Delhi (Amendment) Bill, four days after the Lok Sabha cleared the Bill. According to the Centre, the Bill is for the “maintenance of democratic and administrative balance in the governance” of the National Capital Territory of Delhi.
• The Government of National Capital Territory of Delhi Act, 2023, as it is officially known, once it becomes law, will redefine the roles of the elected government, the lieutenant governor (L-G) and the state’s administrative machinery.

EVOLUTION OF DELHI AS A CAPITAL:

• In 1956, following the 7^th Constitutional Amendment Act and States Reorganisation Act, Delhi became a Union Territory headed by an Administrator appointed by the President.
• In 1966, the Delhi Administration Act came into the picture, giving Delhi a Metropolitan Council with 56 elected and 5 nominated members.
• In 1987, the Balakrishnan Committee held that Delhi has a “special status” within the Constitutional scheme. This is at the heart of the disputes today. The committee held that:
  • Since Delhi is the seat of power, the division of responsibilities in the usual Constitutional scheme—Union, State and Concurrent lists—would create difficult situations.
  • Delhi belongs to the whole nation and thus the union should have space to intervene in day-to-day affairs if Delhi is given statehood.
  • The administrator could be the Lieutenant Governor (LG), who would be expressly required to function on the aid and advice of the Council of Ministers. This is virtually the cabinet system with the implication that Delhi’s ministers would take every executive decision. But this scheme was so that the aid and advice would not be required for judicial or quasi-judicial functions of the Administrator.
• In 1991, the 69^th Amendment introduced Articles 239AA and 239AB in the Constitution.

69^th CONSTITUTIONAL AMENDMENT ACT:

• Article 239AA granted Special Status to Delhi among Union Territories (UTs).
• Delhi was renamed as National Capital Region (NCT) of Delhi.
• It provided a Legislative Assembly and a Council of Ministers responsible to the Assembly with appropriate powers to deal with matters of concerns to common man.
• As per Article 239AA – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. So, in respect of Public Order, Police & Land, the Lieutenant Governor would not need the aid and advice from the Council of Ministers.
• For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws for NCT of Delhi.

DELHI Vs. NEW DELHI:

JURISDICTIONAL CONFLICT IN NEW DELHI:

• The 69^th amendment provided that in the case of difference of opinion between the LG and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision. While such decisions are pending, the LG is competent to take immediate action or to give such direction in the matter as he deems necessary.

• In July 2018, a five-judge Constitution bench “Government of NCT Delhi vs Union of India case” considered this dispute. It ruled that:
  • The Lt. Governor has to act either on the aid and advice of the Council of Ministers, or abide by the decision of the President on a reference made by him.
  • The power to refer “any matter” to the President did not mean “every matter” should go that way.
  • The executive power of the Union does not extend to any of the matters which come within the jurisdiction of the Delhi Assembly.
• SC judgement on control over civil servants:
  • In its May 11, 2023 judgement, the Supreme court gave the Delhi government full control on transfers and postings of the civil servants, including IAS officers, working for the National Capital Territory.

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL:

• A whole new chapter has been introduced in the GNCTD Act, 1991, to create an authority and a public service commission for transfers and postings of the officers serving in the affairs of the Delhi government.
  • Section 45-C in the 1991 Act:
    • The Central Government may make rules to provide for transfer or posting of officers, tenure of office, salaries and allowances, powers, duties and functions of officers posted in connection with the affairs of the Government of National Capital Territory of Delhi under Part IVA.
  • National Capital Civil Service Authority (NCCSA):
    • It shall be headed by the Delhi chief minister and will comprise the chief secretary and the principal home secretary who report to LG - to make recommendations to LG regarding matters concerning transfer, postings, vigilance and other matters.
    • In case of difference of opinion, the decision of the LG shall be final.
• Appointments to bodies:
  • Appointments of chairperson and members of any authority, board, commission or any other statutory body shall be made by the President if such body operates under a central law.
  • For the other bodies functioning under the laws framed by Delhi assembly, the NCCSA will send the recommendations to LG, who will have the final say.

PENDING ISSUES:

• Overlapping jurisdiction:
  • ‘Public Order’ has a very broad connotation, which subsequently leads to overlapping executive powers. Hence, conflicts between the central and state governments are frequent.
• Lack of clarity on Article 239AA:
  • The precise contours of the sharing of powers between the Lieutenant Governor and the Delhi government are a grey area.
• Circumvention of elected government:
  • In instance of a difference of opinion, L-G’s decision will be the final one. This undermines the powers of the elected government in Delhi.
• Powers over parastatal bodies: 
  • Several municipal corporations and parastatals such as Delhi State Electricity Board, Transport Authority and Delhi Development Authority existed before the formation of the executive. However, the extend of powers of executive over these agencies is still a grey area.  

STATEHOOD FOR DELHI:

The current ruling regime in Delhi, the Aam Aadmi Party, had pitched for full-fledged statehood for Delhi as a solution to the current issues faced Delhi.

Arguments favouring statehood:

• Large population:
  • Delhi is the one of the largest cities in the world, with an estimated population of 3 crore. Hence, it is only fair that the people deserve a representative government serving their interests.
• Reassures democratic system:
  • Matters of law and order and land management have a profound and immediate impact on Delhi’s population. Hence, this population needs to have a say in these matters.
  • Also, to not have authority over its cadre of officials or over municipal institutions undermines the mandate of an elected government.
• Less government, More governance:
  • Multiplicity of institutions with overlapping jurisdictions and responsibilities has led to poor governance in the national capital. Also, the state government has no role in the master planning of Delhi. This can be avoided by granting statehood.
• Ensure accountable governance:
  • Since there are so many authorities governing the state, it often creates confusion while holding one accountable. Granting statehood will ensure better control over these agencies, thereby ensuring better accountability.
• Supportive global examples:
  • Major cities like London, Paris and Washington DC have a power system that permit the local government control over legislative, financial and administrative bodies and manage matters such as police, housing, transport and city planning.

Arguments against statehood:

• Presence of critical institutions:
  • Delhi is home to vital institutions such as the president’s estate, the Parliament and foreign embassies, none of which can function as an occupant or a tenant of a state government. This negates the argument of state government for control over land.
• Security challenge:
  • Besides the critical institutions, a number of high-profile foreign dignitaries visit Delhi on international missions and summits. All of these require special security cover, which is the sole responsibility of the Union Government. Thus, there is a strong argument against handing over the administration of the Delhi Police from the centre to the state.
• Financially unviable: 
  • At present, the Centre shares a large portion of the national capital’s financial burden. If Delhi becomes a full state, these financial costs would have to borne by the citizen.

• Nation’s capital:
  • India’s national capital belongs to every citizen of the country and not just those who reside in the city. Hence, matters concerning Delhi must necessarily be viewed from the prism of the interests of the entire country.
• Regional politics:
  • Usually, the demand for statehood in India is driven by factors such as economic disparity, language, tribal identities and ethnicity. They argue that their needs are not being met by the Centre. However, there is no such case for Delhi. It is mostly fueled by local political ambitions.

WAY FORWARD:

• Clear-cut legislations:
  • Amendments to the various legal provisions, such as Article 239AA, needs to be made so as to bring forth clear demarcation of power among the various governance agencies and as well as ensure cordial cooperation among them.
• Greater autonomy for state government:
  • There should be a governance restructuring in a manner that it ensures balance between good governance and national security. In all possible areas, the elected government of Delhi should be given autonomy in decision making and implementation, as it derives its power from the people.
• More powers for local governments:
  • City-government should have a hand in the running of the local municipal bodies. The functions of the parastatals should be merged in the ULB.
• Dispute resolution mechanism: 
  • The existing system of referring the disputes to the office of the president is a failed model. Hence, there is a need to establish a credible and institutionalised dispute-resolution mechanism as has been adopted by national capitals all over the world.

Delhi has problems of high magnitudes – highest polluted air, water crisis, sanitation, electricity, traffic jams, unauthorized construction, crime against women and children etc. To tackle the menace, Delhi needs a cohesive approach, best policy framework and advance & objective planning. For this to happen, mature discussions and concrete efforts between stakeholders that looks beyond short-term political gains is the key.

PRACTICE QUESTION:

Q. The exceptional demand of statehood for Delhi arises from its peculiar status as a Union Territory. In this regard, critically examine the demand for granting statehood to Delhi?