Conquest of Delhi: A legislative coup

The passage of the National Capital Territory of Delhi (Amendment) Bill, 2021, by Parliament this week amounts to a legislative coup to whittle down the powers of the elected government of the Union Territory and vest these powers in the Lieutenant-Governor (L-G). Since the L-G is an appointee of the Centre, this effectively means vesting these powers in the central government. The bill defines the term “government” as the “Lieutenant-Governor”.

It lays down that the cabinet has to seek the advice and opinion of the L-G before taking action on any decision and makes it mandatory for all files to be routed through the L-G. Article 239AA of the Constitution, which empowers the L-G to refer a difference of opinion with the Council of Ministers to the President, has been stretched to give the L-G the power to contradict the elected government on every issue and disable it.

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The statement of objects and reasons of the bill claims that it seeks to give effect to the 2018 judgement of the Supreme Court which had made clear the division of powers between the elected government and the L-G. The Supreme Court had upheld the pre-eminence of the elected government in all matters other than police, public order and land, and had made it clear that the L-G, who has “no independent decision-making power’’, has to abide by the aid and advice of the Council of Ministers in all areas under its jurisdiction.

This was after a series of confrontations between the Arvind Kejriwal-led AAP government and the L-G over a number of issues. It was thought that the Supreme Court order had settled the issues. But the new law has raked them up. It violates the Supreme Court’s order and the spirit of Article 239AA as interpreted by the court.

All parties, including the AAP and the BJP, had declared in public that they favoured statehood for Delhi. By curtailing even the powers that it had as a Union Territory, the Narendra Modi government has taken a big step backward. The bill declares null and void any rule that empowers the Assembly or its committees to discuss any matter of day-to-day administration or conduct.

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This undermines the elected government and its ability to carry on the daily administration of the territory. There may be a message in the Centre’s stance, expressed through the bill, not only for the Delhi government but for all state governments as well. Though the BJP has made declarations of commitment to federalism it has, as a policy, favoured a strong Centre and weak states. The AAP and other opposition parties have opposed the bill, and its constitutional validity will certainly be questioned.