IAS Gyan

Daily News Analysis

Changes to NCT Act revive power tussle

17th March, 2021 Polity

Context: Significant amendments have been proposed to the Government of National Capital Territory of Delhi Act, 1991.

 

Article 239AA: It empowered Delhi’s Lt Governor to refer “any matter” to the President in case of a difference with the Council of Ministers.

 

2018 Supreme Court Judgement:

●       It upheld the pre-eminence of Delhi’s elected government in matters other than police, public order and land.

●       The 2018 verdict inaugurated a period of relative calm in relations between the Delhi government and the Centre.

●       The Delhi government stopped sending files on executive matters to the LG before the implementation of decisions. This had the effect of giving the AAP government a freer hand on governance matters, enabling it to implement policy decisions such as free bus rides to women, doorstep delivery of rations to the city’s residents.

●       More recently, the Centre and the Delhi government presented a united front during the crisis wrought by the COVID-19 pandemic.

Issue with the Bill: The new Bill would seek to render the office of the Chief Minister as a vestigial organ in the name of simplifying administration in the Capital.

 

  • Federal principles: The Act seemed to go against the federal principles and was a setback for popular representation. Centralisation has been increasing in both formal and informal ways and this Act will seemingly just speed up the pace of centralisation of power.
  • Statehood Demand: The amendment would set in motion a reversal of the clock on statehood for Delhi which was the BJP’s own demand in the past. The Bill seemed to negate whatever small gains had accrued to the Delhi government after its tussle with the Centre reached the judiciary.
  • Weakening Democracy: Over the last several decades, this city has tasted democracy and witnessed a robust democratic process. People may not take very kindly to losing such significant aspects of living in Delhi. The Act would snatch away from the residents of Delhi the accountability and answerability they sought from the elected representatives and hand them to a nominated official.

 

Arguments in favour of the Bill:

  • In the Government of National Capital Territory of Delhi Act, 1991, it is already clear that the Lieutenant-Governor is the government. This amendment seems to be a positive step for the welfare of the people of Delhi.
  • It would iron out “needless” issues arising out of politics in a city where the Lieutenant-Governor had “always been the government”.
  • The Centre and the Delhi governments — were not concurrent. The first one is the actual government while the other falls under the definition of what B.R. Ambedkar called local administration.
  • The Delhi Assembly, as far as the larger constitutional picture is concerned, is not comparable to other legislatures because Delhi is not a State. It is just a small set-up of elected representatives whom the L-G can consult from time to time.

 

https://www.thehindu.com/todays-paper/tp-miscellaneous/tp-others/changes-to-nct-act-revive-power-tussle/article34087517.ece

https://indianexpress.com/article/opinion/editorials/delhi-lg-aap-government-7231441/