Who governs Delhi?

The governance of the national capital of India cannot be a victim to conflict between different authorities

New Delhi has emerged as a hotspot of coronavirus in India and the Delhi government has been under attack for its inability to take effective steps to contain the spread of the coronavirus pandemic, with even the Supreme Court expressing its displeasure.

The apex court has observed that Delhi’s patient care was “deplorable and pathetic…patients running from pillar to post to get admission while large number of beds are lying vacant”. All states in India are engaged in waging this terrible war against the virus in their own way but the case of Delhi is somewhat different.

Although a state, the national capital’s governance system differs from that of other states. In the first place, Delhi is more of a vast urban agglomeration within a limited geographical territory. Urban governance in India, at best of times, is a complex process. Even those at the helm of affairs, let alone the citizens, can hardly keep count of the exact number of multiple agencies operating in any large city. When it comes to a megacity like Delhi, the task becomes more daunting, with the national government making its presence felt like a colossus.

Delhi was a Union Territory (UT) until 1991 when the Constitution was amended by adding Article 233A and the UT was renamed as National Capital Territory (NCT).The Delhi State Assembly was re-established in 1993. So, we have a state government of Delhi with an elected body, a cabinet and a chief minister like any other state. But unlike other states which have a Governor as the executive head, it has a Lieutenant Governor (LG) who is vested with administrative powers.

Subjects relating to land, police and public order which, under the Constitution, fall under the domain of the states, come under the jurisdiction of the Central government in the case of Delhi. The L-G also enjoys the power to reserve ‘any matter’ for the consideration of the President of India where he has a difference of opinion with the chief minister.

Confusion in the roles of the state government, the LG and the Union government led to a serious confrontation between the authorities after the AAP government assumed power in Delhi. The matter inevitably reached the Supreme Court which, in 2017, ruled that Delhi was not a state, but the chief minister was the executive head of the government and the L-G was bound by the advice of the council of ministers. Further, the latter could exercise the power to reserve a matter for consideration of the President only in exceptional circumstances and if it is of ‘vital national interest’.

In the current scenario of COVID-19 where public health, a state subject, has become the focus of public attention, the role of the state government assumes great importance. With the number of COVID-19 cases accelerating every day, the Delhi government and its chief minister are inevitably under great pressure.

The issue was further exacerbated when Chief Minister Arvind Kejriwal made a surprise announcement that the Delhi hospitals would be reserved only for Delhi residents. Obviously, all this led to a spat between the Centre and state government vitiating the atmosphere at a time when there is a need for united action.

It must be noted that there are other players delivering infrastructure and essential services in the NCT. There are three municipal corporations - Delhi North, South and East - which are elected bodies performing civic functions. Then we have the Delhi Development Authority (DDA) which is responsible for city planning and housing, of which the L-G is the chairman.

Central area

There is another entity called the New Delhi Municipal Corporation (NDMC) which manages what is known as Lutyen’s Delhi, comprising the core central area of the city, housing the Rashtrapati Bhavan, Parliament House, the famous central vista, diplomatic enclave and other prominent public buildings. This is a non-elected body whose chairman and members are nominated by the Central government.

In times of crisis such as the one we are passing through, all agencies are expected to work in coordination. We are seeing this happen in other states. The municipal bodies, in particular, are playing a key role in managing COVID-19-related matters in other cities but strangely in Delhi, the state government and the municipal corporations were found quarrelling over the death toll, each giving separate figures and blaming each other.

This leads us to the larger and vital question of the status of Delhi. The present confusing status of half-state and half-UT cannot continue for long. The governance of the national capital of India cannot be a victim of conflicts between different authorities, each trying to assert its suzerainty to the detriment of the welfare of the people.

The solution seems to lie in making Delhi a full-fledged state (with no LG) or a UT. In the case of the former option, the Union government cannot continue to exercise its authority over matters pertaining to land, police and public order. To expect any government, irrespective of the party affiliation, to give up its power over real estate and police power in a huge metropolis with global importance would be unrealistic. The balance of convenience, therefore, seems lie in declaring Delhi a UT.

The NCT of Delhi covers an area of 1,483 sq km with a population of about two crore. It includes a number of villages spread over an area of 783 sq km. It is neither necessary nor desirable to bring rural areas bordering the national capital under the jurisdiction of the Central government. Hence, it would only be proper to merge the villages with the adjoining states of the National Capital Region (NCR). The UT of Delhi would then become a compact urban area of 700 sq km. While Lutyen’s Delhi will continue to be managed by the NDMC, the rest of the city would be governed by the three municipal corporations.

The proposal is fraught with serious political implications and its pros and cons must be examined and deliberated, with inputs from the people. But the diarchy in Delhi must end.

(The writer is former Chief Secretary, Karnataka government)