The Supreme Court has ruled that the Lieutenant Governor (LG) of the National Capital Territory (NCT) of Delhi can nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) on his own without the aid and advice of its council of ministers. This escalated tensions between the Union, Delhi, and local governments.
Delhi is classified as a Union Territory under Schedule 1 of the Constitution, but is referred to as the ‘National Capital Territory’ under Article 239AA, added by the Constitution (69th Amendment) Act.
Evolution of the Delhi Government:
In 1950, at the commencement of the Constitution, Delhi was designated as a Part C State.
After the state reorganization in 1956, Delhi was reclassified as a Union Territory governed by an administrator.
The Municipal Corporation of Delhi (MCD) was created in 1958, and introduced a limited form of local government in 1966.
The 69th Constitutional Amendment in 1991, following recommendations from the Balakrishnan Committee, established a Legislative Assembly and council of ministers for the National Capital Territory (NCT) of Delhi.
Despite this, the Union government retained authority over key areas such as public order, police, and land, which were excluded from the Delhi government’s jurisdiction.
The 69th Amendment introduced Article 239AA, which stipulates that Delhi is governed by a Lieutenant Governor (L-G) who operates on the aid and advice of the elected legislative assembly.
The ‘aid and advice’ provision applies only to matters within the State and Concurrent Lists, excluding issues related to public order, police, and land.
Article 239AA requires the L-G to act on the aid and advice of the Council of Ministers or to implement decisions made by the President if referred by the L-G.
Additionally, Article 239AA allows the L-G to refer disagreements on any matter with the Council of Ministers to the President.
This framework creates a power struggle between the L-G and the elected government due to their dual control.
Legal Disputes:
Tensions have risen due to legal disputes, especially following Supreme Court rulings that have shifted the balance of power between the elected Delhi government and the Lieutenant Governor (LG).
Recent judgments have expanded the LG’s powers, enabling unilateral actions that bypass the council of ministers.
Control Over Key Areas: The Union government maintains control over crucial sectors like police, public order, and land, restricting the Delhi government's autonomy.
Administrative Confusion:
The involvement of multiple layers of governance, including the Municipal Corporation of Delhi (MCD) and other local bodies, creates confusion and complicates accountability.
This often leads to blame-shifting during crises such as electrocution incidents and flooding.
Budgetary Conflict:
There is ongoing conflict over budget allocations, with the Delhi State Government accusing the Central Government of underfunding the MCD, resulting in poor civic services.
Conversely, the Central Government contends that the State Government is not providing sufficient support.
Municipal Corporation of Delhi (MCD)
The Municipal Corporation of Delhi (MCD) is controlled by the Union government, which complicates the governance structure in Delhi, particularly in areas like public services and urban management.
Elected representatives of the MCD frequently find themselves entangled in political conflicts between the Union and Delhi governments. This has led to inefficiencies and disjointed governance, with recent tragedies in the city underscoring the issues arising from this blame-shifting.
