Dual Governance Dilemma in Delhi

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• In the absence of statehood for Delhi, there has been a prolonged confrontation on the relative powers of the elected government and the Lieutenant Governor/ Union government.

Dual Governance of Delhi

• Delhi as Union territory (UT) and National Capital Territory (NCT): 
  • Delhi holds a unique position in India’s administrative framework. 
  • As a Union territory, it is governed by the Government of National Capital Territory of Delhi Act 1991 which provides for both an elected assembly and an L-G appointed by the Union Home Ministry.
  • It was amended and is now governed by the Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021.
  • The status of Delhi being a UT under Schedule 1 of the Constitution and the ‘National Capital Territory under Article 239AA, engrafted by the Constitution (Sixty-ninth Amendment) Act, 2014, put the dynamics of the relationship between the elected Council of Ministers in Delhi and the Central Government under severe strain. 
• Status:
  • Delhi was given a fully elected legislative assembly and a responsible government through an amendment in the constitution in 1991.
  • Since 1991, Delhi had been made a UT with an assembly with “limited legislative powers”.
• Issues between Lieutenant Governor (L-G) and elected Government: The Administrator of Delhi, LG, crossed swords with the elected government on multiple issues, including
  • Control over agencies, namely the Anti-Corruption Bureau, the Civil Services and the Electricity Board. 
  • The issues pertaining to the power to appoint the Public Prosecutor in Delhi and to appoint a Commission of Enquiry under the Commissions of Enquiry Act, etc., were vexed legal questions necessitating interpretation of the Constitution.

Image Courtesy: HT 

Supreme Court on LG and Elected Government

• LG bound by aid and advice of Council of Ministers: The Court declared that the L-G is bound by the “aid and advice” of the Council of Ministers. 
  • But, the Delhi Assembly also has the power to make laws over all subjects that figure in the Concurrent List, and all, except three excluded subjects, in the State List. 
  • The L-G ought to act on the “aid and advice” of the Council of Ministers, except when he refers a matter to the President for a final decision.
• L-G’s power to refer to the President: Any matter on which there is a difference of opinion between L-G and the Council of Ministers.
  • The Supreme Court ruled that “any matter” cannot be construed to mean “every matter”, and such a reference shall arise only in exceptional circumstances. 
• L-G shall act as a facilitator: Rather than anointing himself as an adversary to the elected Council of Ministers. 
• But, Delhi can not be granted status of State: At the same time, the Court ruled that the National Capital Territory of Delhi cannot be granted the status of a State under the constitutional scheme.

Way Ahead

• Cordial relations have prevailed between the Central and Delhi governments since 1996 and all differences have been resolved through discussions – with a few exceptions.
• Federalism should be practised in reality and not just in words. Therefore all stakeholders should sit and talk it through.

Source: TH