Context: The Supreme Court on April 10 orally observed how can the Lieutenant Governor (L-G) act “without aid and advice” of the Council of Ministers in nominating 10 members to the Municipal Corporation of Delhi. This article discusses the need for full statehood for Delhi, the capital city of India. Delhi’s government has limited powers despite being one of the most populous cities in India. There is a need to view Delhi from the prism of the interests of the entire country, given that it is the national capital.
So we will cover the following aspects in this article:
- Some Historical perspective on administration of Delhi
- Why Delhi should be provided with statehood
- Reasons against granting statehood to Delhi
- Way forward
- Supreme Court Verdict on Delhi-Centre Power Tussle
General Studies- II: Governance, Constitution, Polity, Social Justice and International relations
- Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Some Historical perspective on administration of Delhi
- Till 1992, except for a brief interlude, Delhi was a union territory under the complete control of the Government of India.
- Delhi was allowed its ‘statehood’ early in the 1990s, with a Chief Minister and a popularly elected unicameral legislature though the ‘State’ remained truncated in its powers.
- But It remained in substance a union territory and in form a State, with the Lt. Governor retained as its chief executive.
- The Chief Minister and his Cabinet made a late entry into space where Lt Governor and several municipal corporations already existed which created friction.
- Many departments of the Centre, State, scores of parastatals and five ULBs (urban local bodies) providing bits of governance in the city.
- It could safely be asserted that Delhi has more government and less governance than any other city or state in the country
Why Delhi should be provided with statehood:
- Massive increment in population of Delhi
- In 1991, the 69th Amendment to the Constitution created the Legislative Assembly of Delhi, at a time when the city’s population was much smaller. However, as of today, the city has nearly two crore people, making it one of the most populous cities in India. This growth in population has led to a demand for more representation and self-governance.
- Limited powers of the Delhi Government:
- Nowhere in any democracy are two crore people represented by a government with restricted powers. Despite being one of the most populous cities in India, Delhi’s government has limited powers because it is not a full state.
- The Delhi government struggled to fight the COVID-19 pandemic because it did not have complete control over its healthcare system. The Central government controls some aspects of Delhi’s healthcare, making it difficult for the state government to take timely and effective measures to control the spread of the virus.
- The original idea behind Union Territories was just transitional:
- When the Union Territories were first created, the idea was to provide a flexible yet transitional status to several territories that joined India. The territories were given a certain degree of autonomy, but they were also expected to eventually transition to statehood.
- Goa, Manipur, Himachal Pradesh, and Tripura were initially Union Territories but were granted statehood as they developed economically and politically. This shows that the Union Territory status was meant to be temporary, and statehood was the ultimate goal.
- Equal rights for representation and self-governance
- Providing equal rights for representation and self-governance was one of the primary reasons for the creation of the Legislative Assembly of Delhi. As the city’s population grows, the demand for more representation and self-governance becomes even more critical.
- The Delhi government has been advocating for full statehood for years, arguing that it would give the city’s residents more say in matters of governance. The lack of full statehood has led to several conflicts between the Delhi government and the Central government over issues like land, law and order, and the police.
- The need for full statehood
- The time has come to enter the second and final stage to create the full state of Delhi. This would give the city an elected government with greater powers and more say in matters of governance, such as law and order and land management.
- If Delhi becomes a full state, it would have complete control over its police force, which is currently under the Central government’s control. This would allow the city’s elected government to take timely and effective measures to maintain law and order and ensure the safety of its citizens.
- UN report on Delhi’s population
- According to a United Nations report, Delhi’s urban agglomeration will make it the most populous city in the world by 2028. This highlights the urgency of granting full statehood to Delhi, as the city’s population continues to grow.
- With a population of nearly two crore people, Delhi is already struggling with issues like traffic congestion, pollution, and water scarcity. As its population grows, the city’s infrastructure and governance will come under even more strain, making the need for full statehood even more urgent.
Reasons against granting statehood to Delhi:
- Local political ambition:
- The demand for statehood has primarily been driven by the political ambitions of the local government, rather than a national compulsion. The Aam Aadmi Party (AAP) has been advocating for full statehood for Delhi since it came to power in 2015.
- National capital interests:
- Delhi, being the national capital, must be viewed from the prism of the interests of the entire country, and not just those of the city.
- The central government has the responsibility to ensure that the security of vital institutions such as the President’s estate, Parliament, and foreign embassies is maintained.
- Special security cover:
- These institutions require special security cover and close coordination with centrally administered agencies such as RAW and IB, which cannot be provided by a state government.
- In 2020, there were protests in front of the Chinese embassy in Delhi, and the Delhi Police had to coordinate with the central government to ensure the safety of the embassy and its staff.
- Central government responsibility:
- The institutions in Delhi are the sole responsibility of the Union government, and not of any particular state legislative assembly.
- The Delhi Police, which is responsible for maintaining law and order in the city, comes under the Ministry of Home Affairs, which is a part of the Union government.
- Control over territory:
- The Indian government must have some territory under its control and cannot be an occupant or a tenant of a state government.
- The central government owns the land on which the President’s estate and Parliament are located.
- Reservation from regional parties:
- Many regional parties have expressed their strong reservation towards granting full statehood to Delhi, as they believe that the national capital belongs to every citizen of the country and not just those who reside in the city.
- The Shiromani Akali Dal, a regional party in Punjab, has opposed the demand for full statehood for Delhi.
- Loss of advantages:
- Statehood would deprive Delhi of the many advantages it gets as the national capital, such as the entire burden of policing being borne by the federal government.
- The Delhi Police force has a strength of around 80,000 personnel and is responsible for maintaining law and order in the city, along with providing security to the vital institutions.
Way forward
Supreme Court Verdict on Delhi-Centre Power Tussle
- The Supreme Court judgement in the Government of NCT Delhi vs Union of India case, overturned the August 2016 judgment of the Delhi high court, which had ruled that since Delhi was a Union territory all powers lay with the central government, not the elected Delhi government.
- Resolving the dispute over the demarcation of powers between the Union Government and the Government of Delhi, the Supreme Court laid down a few key principles:
- Delhi government has power in all areas except land, police and public order and the LG is bound by the aid and advice of the government in areas other than those exempted
- The only exception to this rule, it said, was a proviso to Article 239-AA, which allowed the LG to refer to the President any issue on which there was a difference of opinion with the council of ministers. In such a case, the LG would be bound by the President’s decision.
- Delhi Lieutenant Governor cannot act independently and must take the aid and advice of the Council of Ministers because national capital enjoys special status and is not a full state. Hence, the role of the L-G is different than that of a Governor.
- It observed that neither the state nor the L-G should feel lionized, but realize that they are serving Constitutional obligations and there is no space for absolutism or anarchy in our Constitution.
