Implications of BJP's Electoral Victory in Delhi - Constitutional and Governance Aspects
Feb. 9, 2025

Why in News?

  • The Bharatiya Janata Party’s (BJP) victory in the Delhi elections brings a new phase in the governance of the national capital.
  • The political shift is expected to ease the long-standing conflicts between the (AAP-led) Delhi government and the Centre over Delhi's unique constitutional status.

Delhi’s Constitutional Status and the Centre-State Conflict:

  • Article 239AA of the Constitution of India:
    • It is about the special provisions for the National Capital Territory of Delhi. It was added by the Constitution (69th Amendment) Act of 1991.
    • It limits the control of the elected government over services, land, police, and public order.
  • While the pre-eminence of the Lieutenant Governor (L-G) is accepted in matters related to land, police, and public order, the issue of control over administrative services has been a major point of contention between the Centre and the Delhi government. 

Supreme Court’s Interventions:

  • The Supreme Court, in 2017 and 2023, ruled in favor of the Delhi government, affirming its legislative and executive powers over administrative services.
  • However, in May 2023, the Centre amended the Government of National Capital Territory of Delhi (GNCTD) Act of 1991, extending the L-G’s powers over bureaucratic appointments and transfers.
  • The amendment led to the formation of a bureaucratic appointments body, where the Chief Minister could be effectively overruled by senior bureaucrats.

Impact of BJP’s Victory:

  • The BJP’s electoral win paves the way for a “double-engine” government, where the ruling party in the state aligns with the NDA-led Centre.
  • A BJP-led state government is less likely to challenge the Centre’s policies, ensuring smoother governance.
  • The Union Home Ministry’s role remains crucial, as it controls the Delhi Police.
  • Synergy between the L-G and the Chief Minister may facilitate quicker approvals of projects, land allocations, and funding decisions.

Key Policy Implications:

  • Past conflicts, such as the Delhi Jal Board’s funding issue (Rs 3,000 crore) and the controversy over sending government school teachers abroad for training, might now be resolved more efficiently.
  • The BJP-led government could potentially streamline governance and improve coordination in Delhi’s administration.

Challenges to Federalism:

  • The Supreme Court’s past rulings emphasized that Delhi’s governance must align with the basic structure of federalism.
  • The BJP’s rule will test the spirit of the SC’s 2017 judgment, which warned against reducing governance to mere “semantics” over constitutional grammar.
  • Whether the Centre respects the “popular will” remains to be seen in the coming years.

Conclusion:

  • With the BJP now in power, governance in Delhi is expected to be smoother, especially in coordination with the Centre.
  • However, this shift also raises concerns about federalism, executive control, and the balance of power between the Centre and the state.
  • The coming years will be a litmus test for the Supreme Court’s rulings on Delhi’s governance structure.

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