Governance of New Delhi

Why in news?

The Supreme Court has ruled that the Lieutenant Governor (LG) of the National Capital Territory (NCT) of Delhi can nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) on his own without the aid and advice of its council of ministers.

How is Delhi governed?

• Before independence - In 1911, Delhi was made the capital of India by the colonial British government.
• Post-independence – At the time of the commencement of the Constitution in 1950, it was a Part C State of Chief Commissioner’s Province.
• Establishment of legislature – The Government of Part C States Act 1951 established a Legislative Assembly in Delhi.
• UT Status - During the States reorganization in 1956, it was made a Union Territory by the 7^th Constitutional amendment act, 1956.
• It also abolished its Legislative Assembly & Legislative Council.
• Metropolitan Council – It was set up the Delhi Administration Act, 1966, for providing a representative government in Delhi.

In 1989, the Balakrishnan Committee was set up by the Union Government recommended that Delhi should continue to remain a Union Territory. It also suggested to assign a special status along with institution of a legislative assembly for Delhi.

• Special Status - As per the recommendations of the Balakrishnan committee, the 69th constitutional amendment (1991) was enacted to grant special status to Delhi.

• Enlargement of discretion powers of LG - National Capital Territory (Amendment) Act 2023  was enacted to empower the LG to exercise his sole discretion on several matters including
  • Those recommended by the National Capital Civil Services Authority and summoning, prorogation & dissolution of the Delhi Legislative Assembly

What are the federal issues in Delhi Administration?

• The National Capital Territory of Delhi enjoys a peculiar federal status with features of both a State and a Union Territory.
• Constitutional position of LG – The power and functions of LG in matters of ‘Aid and Advice’ and ‘Concurrence’ often comes in conflict with Council of Ministers head by Chief Minister of Delhi.
• Presidential reference - Lack of Clarity in Article 239 AA with respect to referring matters to the President.
• Power of nomination - Nomination of 10 aldermen to the Municipal Corporation of Delhi (MCD) by Lieutenant Governor.
• Control of civil service– The power to appoint and regulate the service matters of Delhi servants often conflicted by the Delhi Chief Minister and Lieutenant Governor.
• The recent Delhi Services Bill proposes to establish National Capital Civil Services Authority, wherein again dilutes the Delhi's autonomy.

• The constant tussle between various layers of government ruptures such a chain of accountability.

             ​​​​​​​

What lies ahead?

• Ensuring the triple chain of accountability – It was mentioned in spirit of the judgment of the Supreme Court in 2023
  • The officials are accountable to the ministers
  • The council of ministers are collectively responsible to the legislative assembly
  • The legislative assembly members are accountable to the people
• Territorial reorganization  - The portion of capital territory of  ‘New Delhi’ that houses most of the central government offices and foreign embassies could  be brought under the complete control of the Centre along the lines of U.S. capital district of Washington DC.
• The rest of the areas may be brought under the powers of the Delhi assembly.
• Promote cooperation - Promote cooperation among the governments of Union, Union Territory and Local government.
• Ensure that the powers of government elected by people is not eroded.

References

1. The Hindu | History of Delhi Governance
2. SCO | Special Status of Delhi