IASbaba's Flagship Course: Integrated Learning Programme (ILP) - 2024 Read Details
TOPIC: General Studies 2:
- Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions & basic structure
In News: In a landmark verdict on the power tussle between the Delhi government and the Centre, a five-judge bench of the Supreme Court today unanimously held that Lieutenant Governor Anil Baijal does not have independent decision making powers, and is bound to act on the aid and advice of the Council of Ministers.
Though seen as a Union Territory, Delhi was created as a separate category, with an elected Assembly with powers to enact laws in all matters falling under the State and Concurrent lists, with the exception of public order, police and land. This gave it a status higher than other UTs.
Rational of the SC: It would go against the basic structure of the Constitution; specifically the basic features of representative democracy and federalism.
What does it imply?
Court has read the lieutenant governor’s power to differ with the Delhi government “on any matter” to mean a matter of exception and not a matter of course. The lieutenant governor cannot simply differ with the elected government and seek to have their way on areas of the Delhi government’s competence. Rather, in exceptional circumstances, the lieutenant governor, after consultation with the council of ministers to resolve any differences, can refer such a matter to the President in accordance with the proviso to clause (4) of Article 239-AA.
Why is there a demand for full statehood for Delhi?
Avoid multiplicity of authorities: Statehood will bring control of administration under one umbrella – the state government, led by the CM and his Council of Ministers.
Plan Delhi’s Development efficiently: Delhi government claims that its lack of control over public order, police and land hinders its ability to efficiently plan Delhi’s development.
Do away with confusion: Multiplicity of agencies makes it complex for citizens to hold the authorities accountable.
How will statehood transform Delhi?
Downside: Full statehood would impact the finances of Delhi. Infrastructural projects currently taken care of by the Centre will have to be financed by the state government. This could mean additional tax burden on the people of Delhi.
Note:
Article 239AA:
Constitutionally,
Conclusion:
The Union and its units should embrace a collaborative federal architecture for co-existence and inter-dependence.
The principle of collaborative federalism and constitutional balance needs to be upheld - the administrator as per rules has to be apprised of each decision taken by a minister or council of ministers and difference of opinion must meet the standards of constitutional trust and morality,.
“The element of trust is an imperative between constitutional functionaries” so that their governments “can work in accordance with constitutional norms”.
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