Delhi Government and Union Government Power Struggle

The ongoing conflict between the Delhi government and the Union government has intensified ahead of the 2025 Delhi assembly elections. The latest dispute centres around the ‘Mukhyamantri Mahila Samman Yojana’ announced by the Delhi government. This scheme aimed to provide financial assistance to women over 18 years of age. However, the Women and Child Development Department later clarified that no such scheme currently exists. This incident sparked accusations from Delhi Chief Minister Atishi against the Bharatiya Janata Party (BJP) for pressuring officials. The power dynamics in Delhi have been contentious since the establishment of the National Capital Territory.

Historical Context of Delhi’s Governance

In 1947, the Sitaramayya Committee proposed a self-governing structure for Delhi. This included a Legislative Assembly and a Council of Ministers. However, prominent leaders rejected this proposal. Delhi was designated a Union Territory in 1956. The 1991 National Capital Territory Act established a Legislative Assembly, allowing limited legislative powers. Despite these provisions, conflicts have persisted.

Key Legal Developments

The Delhi High Court’s 2016 ruling affirmed the Lieutenant Governor (LG) as the administrative head of Delhi. It stated that matters related to services are outside the Legislative Assembly’s purview. The Supreme Court later reinforced this position in 2018, stating that the LG must act according to the advice of the Council of Ministers, except in specific matters. This ruling aimed to clarify the balance of power between the two governments.

Recent Amendments and Ordinances

In 2021, the Government of National Capital Territory (Amendment) Act expanded the LG’s powers. This included mandatory consultation for various matters. In 2023, a Supreme Court ruling restored control over services to the Delhi government. In response, the Union government issued an Ordinance to exclude “services” from the Delhi legislature’s authority. This created the National Capital Civil Services Authority, which recommends administrative actions to the LG.

Current Political Dynamics

The conflict is emblematic of broader tensions between the Aam Aadmi Party (AAP) and the BJP. The Delhi government has continuously challenged the Union government’s attempts to assert control. The recent introduction of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, further complicates the relationship. The Delhi government has contested this bill in the Supreme Court, which has yet to hear the appeal.

Implications for Governance

The power struggle has implications for governance in Delhi. The ongoing disputes hinder effective administration and policy implementation. Citizens remain caught in the middle of this political tug-of-war. The outcome of these conflicts will shape Delhi’s governance landscape in the years to come.

Questions for UPSC:

1. Critically analyse the impact of the National Capital Territory Act, 1991 on the governance structure of Delhi.
2. Explain the significance of the Supreme Court’s rulings regarding the powers of the Lieutenant Governor in Delhi.
3. What are the implications of the Government of National Capital Territory (Amendment) Bill, 2023 on the relationship between the Delhi government and the Union government?
4. Comment on the historical context of Delhi’s governance and its evolution since independence.

Answer Hints:

1. Critically analyse the impact of the National Capital Territory Act, 1991 on the governance structure of Delhi.

1. Established a Legislative Assembly for Delhi, enabling limited self-governance.
2. Provided powers to legislate on matters in the State and Concurrent Lists, excluding public order and police.
3. Created a framework for a Council of Ministers, headed by a Chief Minister, enhancing local governance.
4. Facilitated a power-sharing arrangement between the Delhi government and the Lieutenant Governor.
5. Set the stage for ongoing conflicts regarding administrative control and legislative authority.

2. Explain the significance of the Supreme Court’s rulings regarding the powers of the Lieutenant Governor in Delhi.

1. Affirmed the LG as the administrative head, clarifying the governance structure post-1991.
2. Established that the LG must act on the advice of the Council of Ministers in most matters.
3. Highlighted the limitations of the Legislative Assembly’s powers, particularly concerning services.
4. Set precedents for the interpretation of Articles 239 and 239AA of the Constitution.
5. Influenced subsequent legislative actions and amendments by the Union government.

3. What are the implications of the Government of National Capital Territory (Amendment) Bill, 2023 on the relationship between the Delhi government and the Union government?

1. Expanded the LG’s powers, mandating his opinion on various administrative matters.
2. Created the National Capital Civil Services Authority, altering the governance dynamics.
3. Exempted “services” from the Delhi legislature’s purview, intensifying control by the Union government.
4. Provoked legal challenges from the Delhi government, reflecting ongoing tensions.
5. Potentially undermined the autonomy of the Delhi government, impacting local governance.

4. Comment on the historical context of Delhi’s governance and its evolution since independence.

1. Initial proposal for self-governance by the Sitaramayya Committee was rejected by key leaders.
2. Delhi was designated a Union Territory in 1956, limiting local governance authority.
3. The 1991 National Capital Territory Act introduced a Legislative Assembly, marking a shift towards self-governance.
4. Ongoing power struggles between the Union and Delhi governments have persisted since 2015.
5. Legal battles have shaped the current governance structure, reflecting historical conflicts over control.