Delhi enjoys a unique status as the National Capital Territory under Article 239AA, blending Union Territory and state features. Its elected Legislative Assembly and Council of Ministers govern most subjects, while key areas—police, public order, and land—remain under Central Government control. The Lieutenant Governor wields discretionary powers, fueling power struggles.
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Delhi's unique constitutional status highlights the ongoing Centre-State struggle over power-sharing and legislative autonomy in urban governance.
Delhi holds a unique status as the National Capital Territory (NCT) under Article 239AA of the Constitution, introduced by the 69th Constitutional Amendment Act of 1991, which grants Delhi a hybrid governance structure, combining elements of both a Union Territory and a State.
It has an elected Legislative Assembly and a Council of Ministers, but key areas like public order, police, and land remain under the control of the Central Government.
Delhi has an elected Legislative Assembly that can make laws on subjects in the State List and Concurrent List, except for public order, police, and land.
A Council of Ministers, headed by the Chief Minister, aids and advises the Lieutenant Governor (LG).
Lieutenant Governor (LG) appointed by the President of India, represents the Central Government and has discretionary powers in certain matters.
The Central Government retains control over critical areas like public order, police, and land.
Representative of the Central Government: The LG acts as the Central Government’s representative in Delhi.
Discretionary Powers: The LG has discretionary powers in matters related to public order, police, and land.
Aid and Advice: In other matters, the LG generally acts on the aid and advice of the Council of Ministers.
Referral to the President: In case of a difference of opinion with the Council of Ministers, the LG can refer the matter to the President of India for a final decision.
Division of Powers: The Delhi government has limited powers, with critical areas like police, public order, and land under the Central Government’s control.
Control over Bureaucracy: The Central Government, through the LG, controls the transfer and appointment of bureaucrats, which leads to conflicts with the elected government.
Legal Disputes: The interpretation of Article 239AA and the extent of the LG’s powers have been subjects of legal battles, including multiple Supreme Court rulings.
2018 Judgment (Government of NCT of Delhi v/s Union of India): The Court ruled that the LG must act on the aid and advice of the Council of Ministers in areas where the Delhi Assembly has legislative competence. The LG can refer matters to the President only in exceptional situations.
2023 Judgment: The Court reiterated that the Delhi government has legislative and executive powers over administrative services, except for matters related to public order, police, and land.
Redefines the term “Government” to mean the Lieutenant Governor (LG).
Mandates that the LG’s opinion must be sought before the Delhi government takes any executive action.
Strengthens the LG’s authority over the transfer and appointment of bureaucrats, effectively giving the LG veto power over the elected government.
Greater Autonomy: Full control over all subjects, including police, public order, and land.
Accountability: The elected government should be fully accountable to the people for all aspects of governance.
Administrative Efficiency: Streamlining administration by reducing conflicts between the Delhi government and the LG.
Delhi’s status as the national capital requires central control for security, diplomatic, and national interest reasons.
The presence of key institutions like Parliament, Supreme Court, and ministries necessitates central oversight.
Maintaining law and order in the national capital is a critical responsibility of the Central Government.
Delhi has an elected Legislative Assembly with powers to make laws on certain subjects, unlike most Union Territories.
Delhi has a Council of Ministers headed by a Chief Minister, similar to a state government.
Delhi’s status as the National Capital Territory (NCT) grants it a unique position, blending elements of both a Union Territory and a State.
Conflicts between the Delhi government and the LG over division of powers.
Difficulty in coordinating between the Delhi government and Central Government agencies.
Frequent legal battles over the interpretation of Article 239AA and the extent of the LG’s powers.
The Delhi government has limited control over critical areas like police and land, affecting local decision-making.
Conflicts between the Delhi government and the LG can lead to delays in policy implementation.
The dual governance structure can create confusion about who is responsible for specific issues, affecting governance efficiency.
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COMPLETE HISTORY OF DELHI'S GOVERNANCE
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PRACTICE QUESTION Q. Discuss the evolution of federalism in India with special reference to Delhi’s unique status. 150 words |
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