Overview of Governance in Delhi

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Overview of Governance in Delhi

Context:

Delhi’s governance is characterised by complex interactions between its central and local governments, often leading to friction due to its unique status as the National Capital Territory (NCT).

 

Evolution of Delhi’s Governance:

  • Early Structure: After India’s independence, Delhi was initially classified as a Part C State
  • In 1956, it became a Union Territory governed by an administrator appointed by the central government.
  • Municipal Corporation of Delhi (MCD): Established in 1958, the MCD introduced local governance. 
  • In 1991, the 69th Constitutional Amendment created a Legislative Assembly and a council of ministers for the NCT of Delhi.
  • Government of NCT of Delhi Act, 1991: This act defined the governance framework, giving Delhi a Legislative Assembly while reserving key areas like public order, police, and land under central control.

 

Overview of Governance in Delhi

Governance Structure:

  • Legislative Assembly: Comprises 70 elected members responsible for legislation on subjects in the State List and Concurrent List, excluding public order, police, and land
  • Conflicts arise as the central government often curtails the Assembly’s powers.
  • Executive Branch: The Chief Minister, elected by the Assembly, along with the council of ministers, manages administration
  • However, the Lieutenant Governor (LG), appointed by the President of India, holds significant power, leading to friction with the elected government.
  • Municipal Governance: The MCD manages civic administration, including sanitation and infrastructure. 
  • Recent efforts to unify the MCD aim to streamline governance but highlight coordination challenges among government levels.

 

Tensions Between Central and Local Governments:

  • Power Struggles: Since the Aam Aadmi Party (AAP) came to power in 2015, the relationship between the Delhi government and the central government, led by the Bharatiya Janata Party (BJP), has been strained. 
  • This has resulted in legal battles and political confrontations.
  • Supreme Court’s Role: In May 2023, the Supreme Court ruled that the Delhi government controls services, except for public order, police, and land. 
  • This reaffirmed the principle of accountability but did not end the ongoing power struggle.

 

Accountability and Governance Challenges:

  • Disrupted Accountability: The ongoing tussle between the central and local governments disrupts the triple chain of accountability—civil servants to ministers, ministers to the legislature, and legislators to the electorate—leading to governance inefficiencies.
  • Recent Incidents: Failures in governance, such as flooding and electrocution, have underscored the consequences of this disruption, with blame-shifting among various government levels.

 

Amendments and Legal Challenges:

  • Government of NCT of Delhi (Amendment) Bill, 2023: Introduced changes like the creation of the National Capital Civil Services Authority, which includes the Chief Minister, Chief Secretary, and Principal Home Secretary, to manage civil servants in Delhi. 
  • Critics argue it undermines the Delhi government’s authority, as the LG can override the authority’s recommendations.
  • Legal Disputes: The ongoing power struggle between the Delhi government and the central government, and the Supreme Court’s involvement, highlights the complexities of governance in Delhi.

 

1989 Balakrishnan Committee Recommendations:

  • Union Territory Status: Delhi should remain a Union Territory, not a full state.
  • Governance Structure: Proposed a model where an Administrator acts on the advice of the Council of Ministers, balancing power with central oversight.
  • Representation and Accountability: Stressed the need for a stronger representative democracy to protect the rights of Delhi’s growing population.

 

Way Forward:

  • Reevaluating the Governance Framework: A thorough review of the Government of NCT of Delhi Act and constitutional provisions could provide clarity on the distribution of powers.
  • Strengthening Local Governance: Empowering the Delhi Legislative Assembly and local bodies could improve responsiveness to the needs of constituents.
  • Promoting Cooperative Federalism: Encouraging collaboration between the central and state governments could create a more cohesive governance approach, prioritising the interests of Delhi’s residents.

 

Conclusion:

Governance in Delhi faces challenges due to central-local tensions, which disrupt accountability and efficiency. Strengthening the powers of elected representatives and addressing structural issues are essential for effective governance.

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