Why the Centre's Bill on Delhi is on the dot

The 69th amendment to the Constitution of India inserted Article 239AA, which declared the Union Territory of Delhi

The Government of National Capital Territory of Delhi is yet again going to witness a power readjustment exercise. The Centre on Monday introduced the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 in Lok Sabha that could settle the dispute on the distribution of powers between the elected government and the Lieutenant Governor.

The governance structure of the national capital has gone through several cycles, after Independence. (PTI)

The row over the distribution of power between the two functionaries resurfaced after Arvind Kejriwal became the chief minister; he even staged a sit-in against the central government. The issue finally reached the Supreme Court where a Constitution Bench, vide its order dated 4 July 2018, slightly tilted the scales in favour of the elected government.

The governance structure of the national capital has gone through several cycles, after Independence. The Legislative Assembly of Delhi was first constituted on 17 March 1952 under the Government of Part C States Act, 1951, and abolished a little over four years later, on 1 October 1956. The legislative assembly was re-established only in the year 1993, by the then Narasimha Rao-led central government after the Constitution (Sixty-ninth Amendment) Act, 1991 came into force, followed by the Government of National Capital Territory of Delhi Act, 1991. This amendment to the constitution was carried out on the basis of the report of a committee appointed in December 1987 to go into the various issues connected with the administration of Delhi and to recommend measures for streamlining of the administrative set-up. This committee recommended that Delhi should continue to be a union territory but also have a legislative assembly with appropriate powers to deal with matters of concern of the common man. The 69th amendment to the Constitution of India, inserted Article 239AA, which declared the Union Territory of Delhi to be formally known as National Capital Territory of Delhi and the administrator thereof appointed under Article 239 to be designated as Lieutenant Governor. So the constitutional provisions make it clear that Delhi remains a Union Territory, with only a change of name. The constitutional provisions were unambiguous. But a dispute ensued nevertheless that led to the 2018 Supreme Court ruling.

In these circumstances, it was imperative on part of the federal government to set the record straight and set the long-raging controversy regarding the distribution of power between the elected government and the Lieutenant Governor of Delhi. With this view in mind, the “statement of objects and reasons” of the bill introduced in the Lok Sabha says that the amendment bill seeks to give effect to the Supreme Court’s interpretation and “further defines” the responsibilities of the elected government and the Lt Governor, in line with the constitutional scheme. Through this bill, the central government wants to make it explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the Lt Governor. As the bill put it, the “Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution”. The bill adds that the Lt Governor’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

This is not a case of political rivalry between two parties ruling the Centre and the union territory of Delhi. It is the question of deciding how the national capital should be administered in the best interest of our nation. Federal governments across the world have experimented with a variety of governance structures, all reflecting the desire to treat the federal capital in a manner different from that used for governance of other cities within the country. The relationship between the federal government and the capital’s city government becomes a hugely significant issue. While the interests of the local inhabitants are important, they need to be weighed against the interests of states and major cities in the federation and the special symbolic value to the nation of its lead city.

It is time the central government takes the plunge to make it clear that the national capital belongs to all the citizens of this country and it should not be allowed to be made hostage by some interested parties. Our nation’s interest will be better served if we end the multiple power centres in the national capital.

(VS Pandey is a former IAS officer. He retired as secretary, department of fertilisers in the Government of India)