Inside The National Capital

 

Inside The National Capital

“It all starts in Delhi and ends in Delhi”




What does the amendment say?

The amendment to the Government of National Capital Territory of Delhi Act, recently passed by the Rajya Sabha defines the LG (Lieutenant Governor) as the sole representative of the Government of Delhi. Further, it forces the elected government to consider LG’s opinion on all the matters the government seeks to implement for the welfare of the people of Delhi. The changes allow LG to restrict the implementation of bills passed by the legislature and also make it mandatory for the legislature to consider his opinion before discussion of any bill in the legislative assembly. 

What was the 69th Constitutional Amendment?

The 69th Constitutional Amendment of 1991 added Article 239 AA in Part VIII (The Union Territories) of the Constitution. Article 239 AA mentions the formation of a Legislative Assembly for National Capital Territory and thus it empowers the Legislative Assembly to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List of the Constitution, except for three - police, public order, and land. These three subjects will be administered by the LG.

What is the tussle?

It all started when the Delhi Government came into power in 2013 and the Central Government in 2014. The Central Government wanted to exercise its power through the LG and thus started to dominate the functioning of the Delhi Government. This tussle for power further gained momentum in 2018 when the Supreme Court advised the LG to act as per the aid and advice of the Council of Ministers and his intervention should be the exception, not the necessity. The SC further stated that all the decisions made by the Legislative Assembly should only be communicated without any direct involvement of LG. Now with the amendment, the Central Government wants to make it clear they are the sole representative of the people of Delhi and the elected government has no role in the finalization and implementation process.

What is the Disappointment? 

The Government of Delhi is finding it difficult as the intervention by the LG could lead to stagnation of its executive powers. The LG can act as the agent of the Central Government and thus can every time disrupt the functioning of the Delhi Government. Further, there can be a delay in the passing of bills and their implementation. And also if the LG thinks that the bill is inappropriate he can declare it void. In short, it is just the common people who will suffer in blame politics from both sides.  


The Federal structure can only remain intact with the matured politics from the Parliament. The Parliament should only focus on a goal to create a welfare state instead of creating unnecessary turmoil. Democratic Solidarity lies inside its peoples and the representative government and the Parliament must ensure that all its arms are in a fine state of work. Both the majority of Governments have the right to enjoy their power because the people have elected them. One should not overturn another's vision just because one is constitutionally superior to another and the majority is allowing them to amend anything as they wish. Keep in mind,

“Government is of the people and for the people”.




                                               ©TejasShirke

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