STATEHOOD TO DELHI – POLITY

 

What's in the news?

       Recently, the debates about the conflict between the Union government and the Government of the National Capital Territory of Delhi (GNCTD) over the grant of Statehood to Delhi started again.

 

Backdrop:

       After India attained independence on August 15, 1947, New Delhi was declared the capital of the Union of India.

       The Union Territory of Delhi was constituted from the Chief Commissioner’s Province of Delhi under the States Reorganization Act of 1956.

       The 69th Constitutional Amendment Act of 1991 conferred the UT of Delhi with a special status.

       It re-designated Delhi as the National Capital Territory of Delhi.

       It designated the administrator of Delhi (under Article 239) as the Lieutenant Governor (LG) of Delhi.

       These special provisions for Delhi were provided under Article 239AA.

       Article 239: Administration of Union territories.

 

Status of National Capital Territory of Delhi:

       The 69th Constitutional Amendment designated Delhi as the National Capital Territory of Delhi and provided for the Legislative Assembly.

       However, it was not conferred with full statehood and is administered by the union government through Lieutenant Governor.

       Article 239AA and 239AB, declares the powers and limitations to the legislature of the NCT by keeping public order, police and land out of its purview.

       This has been a bone of contention between successive governments in Delhi and the Union Government, for granting proper statehood to Delhi.

 

Provisions of Article 239AA:

       The Union territory of Delhi was changed into the National capital territory of Delhi.

       Administrators appointed under Article 239 will be called as Lieutenant Governor.

       Legislative assembly:

       Total number of seats in the assembly and reservation in the assembly is governed by the law of the parliament.

       Legislative assembly can make laws on any subjects from state list and concurrent list except entries 1,2 and 18.

       Council of ministers should not exceed 10 percent of the total strength of the assembly.

       In case difference of opinion between Lieutenant Governor and state government, LG should refer the matter to the president and act on the direction of the President.

       Chief minister and council of ministers are appointed by the president.

       Lieutenant Governor is empowered to promulgate ordinances during the Recess of the Legislative Assembly.

 

How is Delhi different from other states?

       Article 239AA of the Constitution expressly precludes the state government of Delhi from control on the subjects of land, police and public order.

       Any law passed by Delhi assembly with respect to local bodies has to be sent to Urban Development Ministry for approval and it should be in concurrence with Municipal Corporation Act 1957.

 

Demand of Statehood status for NCT of Delhi:

1. Elected representatives want statehood:

       As the CM and legislature is elected by the people, they are responsible for the governance of Delhi. Hence, they must be given sufficient power to deliver the same.

2. Control over police:

       After increasing incidents of rape and other crimes, the demand for control over Delhi Police has become stronger, with logic of democratic control.

       As land doesn’t come into Delhi government purview, it has to depend on the central government for approval of acquisition for infrastructural development.

3. Aspirations of people:

       Delhi is already the world's second most populous city in the world with acute water problems and other urbanization associated problems.

       There are three major power centers in Delhi such as Union government, State government and Municipal bodies - without clear demarcation of duties and responsibilities. The grey areas still prevail largely making governance of the urban centre complex.

4. Conflict between elected government and Lieutenant Governor:

       Many times the Art. 239AA and the clause 45 of NCT Act is misused by the Lt. Gov. to decide on discretion without consulting the democratically elected government. This undermines the democratic ethos of Delhi.

 

Advantages of extending statehood:

1. Bureaucratic control:

       The state government will have power pertaining to the recruitment and conditions of service of officials of the civil services, clerks, etc.

2. Single administration:

       Grant of statehood to Delhi would bring the administration under the control of one single body, i.e., the state government led by the Chief Minister and Council of Ministers, and would avoid a multiplicity of authorities.

3. Avoidance of conflict:

       The clauses under Article 239 AA are sometimes being misused by the Lieutenant Governor to exercise power under discriminatory situations without consulting the democratically elected government. This undermines the democratic ethos of Delhi.

4. Legislative power:

       Due to a lack of control over the police, the Government of Delhi faces problems in the proper maintenance of law and order in the union territory.

       Since the Government of Delhi has no control over the municipal corporation of Delhi, it hinders the implementation of development measures.

5. Delhi Development Authority (DDA):

       The Delhi government has no say over the affairs of DDA. This hinders the effective allocation, use of land and implementing welfare schemes.

6. Development:

       Delhi which has a growing population of 2.7 crore people, as of today, is no longer just a Union Territory. In Delhi, issues such as housing, water, electricity, transport, etc.

 

Arguments against the statehood status to NCT Delhi:

1. Critical infrastructure:

       Being the national capital, Delhi hosts various critical infrastructures such as parliament, presidential estates, and embassies.

       Maintenance of these is extremely important and cannot be handed over to a different entity.

2. Administration:

       Granting statehood might lead to various administrative problems especially in law and order which would be detrimental for the national capital.

       Quality of governance might decline due to impact on finances

3. Security concerns:

       Security of embassies, parliament, etc.

       Further, there is the issue of safety and security of visiting dignitaries of different countries and also heads of states. The responsibility of ensuring security to them lies on Centre and state cannot be entrusted with it.

4. Land:

       Control over land is required especially in areas with central government institutions, embassies.

       When the NCT of Delhi was established, the concept was pretty clear, and that is that when Delhi is the seat of the Union Government, there can’t be 2 authorities.

       Also, when we look at examples from the world over, the practice is the same. Example: Washington DC. In Washington, there is only a mayor. There isn’t an elected government there.

 

WAY FORWARD:

       Though granting absolute statehood is not desirable, there should be considerable sharing of power.

       The elected government in Delhi should be provided a decisive say in the municipal body for a cohesive approach, and proper urban planning.

       The state government should also be given more authority on the police and made accountable in controlling crime.

       The misuse of discretionary powers of the L-G of Delhi, if any, should be checked.

       Coordinated efforts by Centre and Delhi government for effective governance and to uphold public interest.

       The dispute over the powers of L-G of Delhi and the elected government of Delhi should be resolved.