What’s in Today’s Article?

• Introduction (Context of the Article, Constitutional Status of Delhi)
• Centre vs Delhi Government (Legal Issues, Central Government's Legislative Response, etc.)

Introduction:

• The governance of Delhi, India's national capital, has been a contentious issue for years, leading to a continuous legal battle between the Aam Aadmi Party (AAP)-led Delhi Government and the BJP-led Central Government.
• The primary conflict revolves around Delhi’s unique constitutional status, which places it under a special category as a Union Territory (UT) with a legislature.
• The struggle over administrative control, particularly over bureaucratic appointments, law enforcement, and governance powers, has led to several Supreme Court (SC) interventions and amendments in governance laws.

Constitutional Status of Delhi:

• Delhi’s governance is defined by Article 239AA of the Indian Constitution, introduced through the Sixty-Ninth Constitutional Amendment Act (1991). This article provides Delhi with:
  • A Legislative Assembly with the power to make laws on subjects from the State List and Concurrent List, except police, public order, and land.
  • An elected Chief Minister (CM) and a Council of Ministers responsible for day-to-day administration.
  • A Lieutenant Governor (L-G), appointed by the President of India, who acts as the Centre’s representative in Delhi.
• This division of powers has frequently led to conflicts over jurisdiction, policy decisions, and administrative control.

Legal Battles Between Centre and Delhi Government:

• The 2015 Notification and Initial Conflict
  • When AAP returned to power in Delhi in 2015, the Union Home Ministry issued a notification giving the L-G control over bureaucratic services, land, police, and public order.
  • The Delhi Government challenged this decision in the High Court, arguing that the elected government should have authority over services and administration.
• Supreme Court Verdicts on Delhi’s Powers
  • The legal battle escalated to the Supreme Court, leading to multiple landmark rulings:
  • 2016 Delhi High Court Ruling
    • The Delhi HC ruled in favor of the Centre, stating that the L-G had overriding powers over Delhi.
    • This decision effectively curtailed the Delhi Government’s autonomy.
  • 2018 Supreme Court Judgment
    • A five-judge Constitution Bench ruled in favour of the Delhi Government. It declared that:
    • The L-G must act on the "aid and advice" of the elected government except in matters of public order, land, and police.
    • The Delhi Government has legislative and executive control over other subjects, including administrative services.
  • 2023 Supreme Court Verdict
    • A second Constitution Bench reaffirmed the 2018 ruling, clarifying that:
    • The Delhi Government has control over administrative services, except matters related to law enforcement and land.
    • The Centre’s argument that no UT has control over services was rejected.
• Despite these Supreme Court victories, the Central Government introduced amendments to limit Delhi’s powers.

Central Government's Legislative Response:

• Government of National Capital Territory of Delhi (Amendment) Act, 2023
  • In May 2023, the Centre passed an amendment to override the Supreme Court’s ruling. This amendment:
    • Extended the L-G’s power over appointments and transfers of bureaucrats.
    • Created a new authority comprising the Delhi CM, Chief Secretary, and Home Secretary, where the CM can be vetoed by bureaucrats.
  • Delhi Government challenged this amendment in the Supreme Court, arguing it violates the principles of federalism.

Governance Crisis and Political Fallout:

• Impact of Legal Battles on Delhi’s Administration
  • The governance crisis has delayed policymaking and project implementation in Delhi.
  • AAP has accused the Centre of obstructing development programs and administrative reforms.
• Political Context and Future Implications
  • With BJP set to take power in Delhi in 2025, the legal challenges might lose momentum.
  • The Centre’s increased control over Delhi’s administration may continue, affecting AAP’s ability to govern freely.
  • The Supreme Court is yet to give a final ruling on the 2023 amendment, which could determine the future balance of power in Delhi.

Conclusion:

• The Centre vs Delhi Government conflict is a constitutional, legal, and political issue that has shaped governance in the national capital.
• Despite multiple Supreme Court rulings in favor of Delhi’s autonomy, the Centre has used legislative amendments to assert control over key administrative functions.
• The legal and political struggle continues, with implications for the broader question of federalism in India.
• As the case progresses, it will set a precedent for the governance of Union Territories with legislatures, such as Puducherry and Jammu & Kashmir.