By Rahul, The Rooster News
January 10, 202
Delhi, the capital of India, presents a unique political and constitutional challenge in the Indian federal system. While it has its own Legislative Assembly and Chief Minister, its status as a Union Territory (UT) means that Delhi does not have the same level of autonomy as a full-fledged state. Instead, the Lieutenant Governor (LG) represents the President of India and has considerable executive powers, creating a complex relationship with the elected government of Delhi.
Over the last decade, Delhi’s Chief Minister Arvind Kejriwal, who heads the Aam Aadmi Party (AAP), has been engaged in several power struggles with the LG, especially concerning critical areas like law and order, police control, and bureaucratic appointments. These tensions are rooted in the constitutional framework that governs Delhi, which often limits the authority of the Delhi government in key governance areas.
Constitutional Framework and the Role of the Lieutenant Governor
Delhi’s political and administrative structure is defined by a unique set of laws and provisions that differ significantly from those of other Indian states. The primary constitutional provision that governs Delhi’s powers is Article 239AA of the Indian Constitution, which grants Delhi a Legislative Assembly and a Chief Minister. However, it also places important restrictions on the powers of the Delhi government. These restrictions are crucial in understanding why Delhi’s Chief Minister has less power compared to the Lieutenant Governor (LG).
- Article 239AA: This provision allows Delhi to have a Legislative Assembly and a Chief Minister, but it explicitly limits the Delhi government’s powers in key areas such as law and order, police, and land. These areas fall under the jurisdiction of the central government, with the LG acting as its representative in Delhi. This means that, unlike a full state government, the Delhi CM does not have control over the police, law enforcement, or land issues.
- The Government of National Capital Territory of Delhi (GNCTD) Act, 1991: This Act codifies the dual system of governance in Delhi, dividing the responsibilities between the Delhi government and the central government. Under the GNCTD Act, Delhi’s elected government has authority over local governance matters such as education, healthcare, water, electricity, and public health. However, issues related to law and order, the police, and land are under the control of the central government, with the LG holding executive authority in these domains.
- Role of the LG vs. CM: The LG, as the representative of the central government, has significant powers, especially in areas of law and order, where the Delhi CM has little say. The LG also has the authority to delay or veto bills passed by the Delhi Assembly if they touch upon subjects outside the jurisdiction of the Delhi government.
Key Issues Faced by the Delhi CM with the Lieutenant Governor
Over the past decade, Arvind Kejriwal’s AAP government has been engaged in numerous disputes with the Lieutenant Governor over several issues that have defined their tenure. These issues center around the limitations placed on the Delhi government’s powers by the central government.
1. Control Over Services: Police and Bureaucracy
One of the most significant sources of tension between the Delhi CM and the LG has been control over services, especially the police and the bureaucracy. Since Delhi’s police force and law enforcement are under the jurisdiction of the central government, the Delhi government has no control over them. This has made it difficult for the AAP government to implement law and order policies effectively, especially when the Delhi Police has been accused of not cooperating with the state government during protests or public demonstrations.
Moreover, the Delhi government has faced challenges in having a say in the transfer and posting of key bureaucrats, which weakens their administrative authority. The frequent intervention of the LG in such matters has led to accusations of undermining the Delhi government’s autonomy.
2. Policy Decision-Making and Implementation Delays
Another major point of contention has been the blocking or delay of key policy decisions by the LG, often due to the central government’s opposition to certain initiatives. The AAP government’s welfare schemes, such as free water and electricity, have often faced delays in implementation, largely because of the LG’s reluctance to allow such policies without central approval. Similarly, educational reforms, like the construction of new schools and appointment of teachers, have faced bureaucratic hurdles that many in the Delhi government attribute to interference by the LG’s office.
The Jan Lokpal Bill (anti-corruption legislation) introduced by AAP to set up an independent anti-corruption body in Delhi was another key policy that faced resistance from the LG. This bill was seen as a direct challenge to the central government, and its passage was delayed multiple times, citing procedural hurdles.
3. Appointment of Delhi’s Chief Secretary and Bureaucrats
The Delhi government has repeatedly accused the LG of bypassing its authority by appointing bureaucrats and other officials without consulting the Delhi government. One of the most prominent incidents of such friction occurred when the Delhi government appointed a new Chief Secretary without the approval of the LG, leading to a direct confrontation. Though the Supreme Court of India intervened and ruled that the Delhi CM has a say in the appointment of bureaucrats, the final authority in matters related to law and order remains with the LG.
4. The Role of the LG in Law and Order
Since the Delhi Police is under the control of the central government, the Delhi CM has no direct authority over law and order. This creates a significant imbalance, especially in times of social unrest, protests, or any situation where maintaining public order is critical. The AAP government has often criticized the Delhi Police for not acting in accordance with the wishes of the elected government, particularly during anti-CAA protests, where Delhi Police allegedly acted in ways that were not in line with the Delhi government’s directives.
5. Delhi Budget and Financial Autonomy
Another recurring issue is the delay in approving the Delhi government’s budget. Since some expenditures related to law enforcement and public safety fall under central control, Delhi’s budget often requires approval from the central government. The Delhi CM and his government have raised concerns about the central government’s interference, arguing that it causes delays in the implementation of vital development work and welfare schemes. These financial delays often impede the timely execution of public service programs in the city.
6. Education and Healthcare Initiatives
Over the years, the AAP government has introduced significant reforms in the education and healthcare sectors, with a focus on building new schools, improving infrastructure, and providing free healthcare through Mohalla Clinics. However, the central government and the LG’s office have raised concerns over the governance and funding of these schemes. The AAP government’s push to modernize Delhi’s schools, build new hospitals, and improve basic public services has often faced resistance, with delays attributed to bureaucratic and political hurdles.
Why Does Delhi CM Have Less Power Than the LG?
The fundamental reason why the Delhi CM has less power than the LG stems from Delhi’s unique constitutional status. While Delhi has an elected government, it is still considered a Union Territory, not a full-fledged state. As a result, certain key areas of governance, particularly law and order, are controlled by the central government, and the LG acts as its representative. The following points further clarify this relationship:
- Union Territory Status: Delhi is classified as a Union Territory under Article 239AA. Unlike states, which have more autonomy over governance matters, Delhi’s governance is shared between the elected Delhi government and the central government, with the latter retaining control over critical areas like law and order, police, and land.
- GNCTD Act, 1991: This Act formalizes the dual system of governance, where the Delhi government handles local matters such as education, health, and utilities, but the central government retains control over areas that are deemed critical for national interest, such as law enforcement and land.
- Supreme Court Ruling: In a landmark ruling in 2018, the Supreme Court clarified that the Delhi CM and the elected government have more autonomy in governance, but the LG retains significant powers, especially concerning law and order, police, and land. The court ruled that the LG must act on the advice of the Delhi government in matters relating to local governance, except in these key areas.
Conclusion
The power struggles between the Delhi CM and the Lieutenant Governor reflect the challenges of governance in a Union Territory like Delhi, where the elected government’s powers are limited by constitutional provisions. While the AAP government under Arvind Kejriwal has been successful in implementing key welfare reforms, its efforts have been consistently hindered by the dual governance structure that places significant control in the hands of the central government and the LG.
Delhi’s unique constitutional status has created a governance environment where the elected Chief Minister has limited authority, particularly over critical matters like law and order, the police, and land. While this has led to significant political confrontations, it also highlights the need for a clearer and more balanced framework for the governance of the National Capital Territory of Delhi. The ongoing political and constitutional battles are likely to continue, with the Delhi government pushing for more autonomy and the central government maintaining its influence over key areas of governance.
