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.