Delhi’s Governance

Ahead of the Delhi Assembly elections in 2025, the longstanding power struggle between the Delhi government, led by the Aam Aadmi Party (AAP), and the Union government is intensifying once again.

How Delhi’s Governance Structure Was Established

• Pre-Independence: In 1947, as India was about to gain independence, the Constituent Assembly discussed the structure of Delhi’s governance. Delhi was made a Union Territory (UT), directly controlled by the Central government.
• 1991 - The Change: After India’s Constitution was amended in 1991, Delhi got a Legislative Assembly (like a state) under the National Capital Territory (NCT) Act. However, key areas like public order, police, and land remained under the control of the Central government. This made Delhi a special kind of Union Territory with some autonomy.
• The Power Struggle After 2015: In 2015, the Union government issued a notification removing Delhi’s control over services and gave more powers to the Lieutenant Governor (LG). The Delhi government protested, claiming that this undermined the elected government of Delhi.

Key Court Rulings and Legal Battles

• Delhi High Court (2016): The Delhi High Court ruled that the LG is the "administrative head" of Delhi, meaning the Union government has the final say over key matters like services. The Court said that Delhi continues to be a Union Territory and the Delhi Legislative Assembly has limited powers.
• Supreme Court Ruling (2018): In 2018, the Supreme Court ruled that the Lieutenant Governor must act based on the aid and advice of the Delhi Council of Ministers for most matters, except for areas like public order, police, and land. This was a win for the Delhi government, as it said the LG’s role should be limited to consultation, not concurrence.
• Union Government’s Response: Despite the Supreme Court’s ruling, the Union government passed the Government of National Capital Territory (Amendment) Act, 2021. This Act expanded the LG's powers, giving him more control, especially over the services and other matters. The Act also allowed the LG to have a say in Bills passed by the Delhi Legislative Assembly, undermining the Delhi government’s authority.

The 2023 Developments: New Ordinance and Legislation

• 2023 - Supreme Court’s Judgment: In 2023, the Supreme Court gave another verdict that returned control over services to the Delhi government, ruling that the LG cannot have independent powers in matters of services like the posting of officers.
• Union Government’s Response (2023): In response, the Union government passed an Ordinance (a temporary law) to again take away control over services from the Delhi government. The Ordinance created the National Capital Civil Services Authority, a body made up of the Chief Minister of Delhi, Chief Secretary, and Principal Secretary. This body would recommend decisions on transfers, postings, and disciplinary actions of Delhi's civil servants to the LG, who would have final discretion over these matters.
• The 2023 Bill: In August 2023, the Union government introduced the Government of National Capital Territory (Amendment) Bill, 2023. The Bill was passed by Parliament and received the President's assent in August 2023. It confirmed the LG’s powers over Delhi’s administration, even more than before.
  • The Delhi government has challenged the 2023 Ordinance and the Amendment Bill in the Supreme Court. The matter is still pending, and the Supreme Court has yet to give a final decision on whether the Ordinance and the new law are constitutional

Why is this issue so important?

• Delhi’s Special Status: Delhi is not just any state or Union Territory; it is the national capital of India. The Constitution gives Delhi special provisions under Article 239AA, creating a unique relationship between the Delhi government and the Union government.
• Key Areas of Dispute: The core issue is about who controls the administration of Delhi.
  • The Delhi government argues that it should have full control over Delhi’s civil services and should be able to make decisions without interference from the Central government.
  • The Union government, on the other hand, claims that because Delhi is the national capital, it should maintain significant control over key matters, including services, law enforcement, and land management.