Delhi Bill kicks off Oppn-BJP face-off

The Bill makes it mandatory for the Delhi government to take the opinion of the Lieutenant Governor before any executive action in the national capital

The Government of National Capital Territory of Delhi (Amendment) Act 2021 introduced by Centre in the Parliament, which gives overarching power to Delhi Lieutenant Governor has kicked off a fresh political row between BJP and AAP, given the history of CM-LG standoff in Delhi.

The Bill makes it mandatory for the Delhi government to seek the opinion of the Lieutenant Governor (LG) before taking any executive action.

After Delhi Chief Minister Arvind Kejriwal accused the BJP of trying to drastically curtail the powers of his government through the new Bill in the Lok Sabha, AAP has now decided to stage a massive protest at Jantar Mantar tomorrow which will be attended by Kejriwal, all the AAP MPs, MLAs and Councillors. The party plans to conduct their protest around the subject 'attack on federalism by the Modi government' and would seek other parties' support.

While AAP has alleged that the new Bill would stall Delhi's progress by giving undue powers to the LG, BJP has hailed it and dismissed AAP's protest plans, arguing that even after the passage of the Bill, the elected government will retain 75 per cent of its administrative powers.

AAP is also latching on to observations made by the Supreme Court in its July 2018 ruling that said the Lieutenant Governor cannot interfere in every decision of the Delhi government and that he must act on aid and advice of the council of ministers.

Congress Lok Sabha MP Manish Tewari said on Twitter, "Govt of National Capital Territory of Delhi (Amendment) Bill 2021 effectively buries democracy in Delhi 10 fathoms deep. If passed, the elected Govt & Assembly would be mere petitioners in LG’s Durbar. LG would now rule Delhi more aggressively as MHA viceroy."

Read | AAP to protest against Bill on Lieutenant Governor powers on March 17

National Conference leader Omar Abdullah on Monday gave a fresh impetus to the issue asserting that Delhi deserves to be a full state with all powers exercised by the elected government.

The issue may act as the fuel to the demand for Delhi's full statehood, an idea which found favour with many parties when they were in Opposition owing to the history of LG-CM tussle.

The last time the issue got big traction was in February 2019, three months before the Lok Sabha polls, when Kejriwal announced an indefinite hunger strike to press for full statehood, an issue that kept reverberating till the conclusion of Delhi Assembly polls last year.

Delhi is not a full-fledged state and, as per Schedule I of the Constitution continues to be a Union Territory, though it has some additional powers granted after amendments, that has given it somewhat special status among the UTs.

It has an elected state Assembly, which has been invested with the right to legislate on all subjects, barring a few, like law and order and land, which are under the central government.

If there is a conflict between a law enacted by the Delhi Assembly and one enacted by the Parliament, the latter will prevail, until a decision is taken by the President.

However, Article 239AA, inserted by the 69th Amendment to the Constitution, which came into force in 1992, does leave some room for ambiguity in the distribution of powers between the LG and the chief minister.

Also read: Centre-AAP power tussle in Delhi set to revive over Bill on Lieutenant Governor power

AAP has argued that the people of Delhi suffer due to rising crime and lack of sanitation and development as the Centre through LG has control over Delhi Police, municipal corporations and DDA. In 2018, Kejriwal held an unprecedented sit-in protest outside the residence of Delhi Lieutenant Governor Anil, alleging there is “de facto President's Rule in Delhi”.

Before Baijal, Kejriwal had a massive three-year-long tussle with the then Delhi LG Najeeb Jung over issues like bureaucratic appointments, administrative control and implementation of policy decisions.

Even before AAP came into the picture, late Sheila Dikshit, the former Delhi Chief Minister, had her run-ins with the then, LG Tejinder Khanna, in 2010-11 but they did not last long as it was Congress which ruled both the Centre and the state. It is unlike the scenario of the last seven years when BJP has ruled the Centre and AAP has governed the state.

In 2019, the Supreme Court for the second time delivered a differing judgment on the Delhi government versus Lieutenant Governor over control of services, making it clear that the Delhi government has limited power under the Constitution.

In November 2017, the SC had said that the LG is the final authority in cases of differences between the two on any matter and earmarked the areas in which the state government has no power.