In Delhi duel, more teeth to L-G and a biting backlash

Kejriwal and Co has gone to town against BJP's 'coercive federalism' and its new Bill that accords primacy to the Lieutenant Governor

New Delhi: Delhi Chief Minister Arvind Kejriwal, Deputy CM Manish Sisodia during a protest against the Government of NCT Delhi (Amendment) Bill 2021, at Jantar Mantar in New Delhi, Wedensday, March 17, 2021. Credit: PTI Photo

New Delhi: Delhi Chief Minister Arvind Kejriwal arrives to address a protest against the Government of NCT Delhi (Amendment) Bill 2021, at Jantar Mantar in New Delhi, Wednesday, March 17, 2021. Credit: PTI Photo

New Delhi: Delhi Lt Governor Anil Baijal with Chief Minister Arvind Kejriwal during the felicitation of ‘Gallantry Awardees’ and ‘Distinguished Service Medal Winners’ at a function at Raj Niwas in New Delhi on Thursday. Credit: PTI Photo

The GNCTD Bill has revived the power tussle between the Centre and the AAP. (In pic) AAP workers demonstrate against the Bill that confers more power to the Lieutenant Governor. Credit: AFP Photo

The GNCTD Bill has revived the power tussle between the Centre and the AAP. (In pic) Delhi Chief Minister Arvind Kejriwal addresses a protest against the Bill that gives overarching power to the Lieutenant Governor, at Jantar Mantar in New Delhi. Credit: PTI Photo

The GNCTD Bill has revived the power tussle between the Centre and the AAP. (In pic) Delhi Chief Minister Arvind Kejriwal arrives to address a protest against the Bill that gives overarching power to the Lieutenant Governor, at Jantar Mantar in New Delhi.

The GNCTD Bill has revived the power tussle between the Centre and the AAP. (In pic) AAP activists stage a protest against the Bill at Jantar Mantar in New Delhi. Credit: PTI File Photo

The GNCTD Bill has revived the power tussle between the Centre and the AAP. 

March 24 saw unprecedented political moves and manoeuvres as the ruling BJP pushed the controversial Government of National Capital Territory of Delhi (Amendment) Bill earmarking more powers to the Lieutenant Governor in the Rajya Sabha. Nine out of 12 Trinamool Congress MPs flew into Delhi from West Bengal, leaving the campaigning for the Assembly polls midway, only to take part in the debate and vote on the Bill, which the party and its chief Mamata Banerjee felt goes against the federal structure of the country.

At least 12 parties — Congress, AAP, Trinamool, BJD, DMK, YSR Congress, Samajwadi Party, CPI(M), Shiv Sena, Akali Dal, TDP and NCP — stood up against the Bill. The Naveen Patnaik-led BJD and Y S Jaganmohan Reddy-led YSR Congress are considered neutral or BJP-friendly parties. The number of parties opposing the Bill could have been more had the representatives of the CPI and the Muslim League among others attended the proceedings, as these parties have already taken a public stand against the Bill, which was finally passed after an 83-45 vote.

Also Read | Rajya Sabha passes NCT (Amendment) Bill giving more power to L-G in Delhi

The Bill was introduced in the Lok Sabha on March 15 and passed on March 22 before it reached the Rajya Sabha on March 24. The Upper House, too, cleared the Bill even as the government refused to accede to the demand for sending the proposed legislation to a Select Committee for further examination. The Centre’s move has its genesis in the past, as both the AAP and the BJP have been at loggerheads ever since Arvind Kejriwal assumed power in the national capital, trouncing the latter. Accused of being perpetually confrontational, the AAP was in sharp disagreement with the Lieutenant Governor (LG) and the Centre on issues of governance.

The Kejriwal government regularly accused the LG of stalling its programmes and projects at the behest of the Centre while the latter felt the AAP was violating norms and procedures. The issue finally reached the Supreme Court, which ordered in favour of the Delhi government. The court said the LG's concurrence was not needed on issues other than police, land and public order but that these matters needed to be communicated to him. The court also said the LG should act in the aid and advice of the council of ministers. Following the judgement, the Delhi government had stopped sending files regarding executive decisions to the LG.\

The Opposition alleged that the ruling BJP was not enthused by the development and wanted more control over Delhi, resulting in the GNCTD (Amendment) Bill, which was cleared by the Union Cabinet earlier. The Union Territory of Delhi has an elected legislature by way of Articles 239AA and 239AB, which were inserted into the Constitution by the 69th amendment in 1991. The Government of National Capital Territory of Delhi (GNCTD) Act, 1991, supplements Articles 239AA and 239AB in outlining the distribution of power between the Delhi Assembly and the Lieutenant Governor appointed by the Centre.

What does the new Bill mean?

Kejriwal and supporters claim the Bill drastically undermines an elected government and upturns the Supreme Court judgement. The legislation clearly defines LG as the 'Delhi government' and not the elected dispensation. Through an amendment to Section 44 of the GNCTD Act, it makes it mandatory that the Delhi government seek the opinion of the LG before taking any executive action. It also bars Delhi Assembly committees from examining the day-to-day functioning of the government.

"The question is, if the LG is the government, then what is the status of the elected government? This raises a serious constitutional problem as Article 239AA is specifically for Delhi, which makes the elected government accountable to the legislature. If the LG is the government, who is not part of the legislature, then he is not responsible to the legislature. This is against the Constitution," former Lok Sabha Secretary General P D T Achary says.

Also Read | Will continue fight to restore power back to people: Kejriwal

According to a section of experts, the new law will erase the distinction between the LG and the Delhi government, as the former is now equated with the latter. With the Delhi administration is mandated to forward all executive decisions, the LG’s power also gets expanded beyond police, public order and land, thereby shrinking the Delhi government’s manoeuvring space. It also leads to the weakening of the Delhi Assembly’s oversight on the functioning of the capital’s administration.

Achary also questions the amendment that disallows the Delhi Assembly committee's scrutiny of Delhi government's functioning, saying that forming committees to examine government functioning is one of the fundamental rights of a legislature.

Virtually, the Opposition alleges, the LG will be the "Viceroy" of Delhi. Congress’ senior Rajya Sabha MP and legal expert Abhishek Manu Singhvi called the move “coercive federalism”, as he mocked Prime Minister Narendra Modi’s repeated assertion of his government following “cooperative federalism”.

While experts suggest that the Bill may not have a direct impact on Centre-state relations as it is limited to Delhi, which is a Union Territory, Achary says the Union government is trying to concentrate more powers with them. "However, the Constitution clearly delineates the functioning of the Centre and the states," Achary adds.

The BJP or the Centre does not buy the argument that it has an ulterior motive. Minister of State for Home G Kishan Reddy, who piloted the Bill, said the amendments would create a sound government mechanism and improve equity and inclusiveness. The amendment will lead to transparency and clarity in governance in NCT Delhi and enhance public accountability, he added.

Chief Minister Arvind Kejriwal called the passage of the Bill a “sad day for Indian democracy” and said they will continue their struggle to restore power back to people. “Whatever be the obstacles, we will continue doing good work. Work will neither stop nor slow down,” he said soon after Parliament passed the Bill.

There had been confrontations between the Centre and the Delhi government even before Kejriwal thanks to Delhi's status as the national capital. The overlapping administrative structure and the Centre's control over police, public order and land have led to tussles between the capital's government and the one at the Centre. The confrontations were triggered by the divergent stands taken by the LG, who is appointed by the Centre, and the Delhi government. Congress’ Sheila Dikshit had her set of troubles with the LG and even with her own party-led government at the Centre over Delhi affairs. But earlier, a middle-path was found, which is not the case between the BJP and the AAP in the past six years.

AAP strikes back

So, how is the AAP going to counter the latest move? The party has already hit the streets, with Kejriwal addressing a protest at Jantar Mantar soon after the Bill was introduced in the Lok Sabha. What was the need for an election and what would a chief minister do if the Bill was passed, he wondered. Kejriwal managed to get support from several parties, including Mamata Banerjee, Naveen Patnaik and Jaganmohan Reddy among others. The Congress also came out strongly against the move.

Kejriwal’s confidante and Delhi Deputy Chief Minister Manish Sisodia spelt out the AAP strategy. The party is pitting the battle against the BJP, and feels the move is aimed at obstructing the AAP’s growth in other parts of the country.

Also Read | Conquest of Delhi: A legislative coup

Leading the AAP narrative, Sisodia says the Modi government is “insecure” of the popularity of Kejriwal and the work done by his government in Delhi. “Today, people are saying that Kejriwal can be an alternative to Modi. This Bill is aimed at stopping Kejriwal’s rise,” Sisodia added.

The AAP will use this plank in its fight against the BJP, as its earlier campaign for full statehood for Delhi has not reached anywhere. The theme of AAP’s fightback will be centred on Kejriwal’s governance model. AAP leaders say they will go to town with charges that the BJP at the Centre was acting as a hindrance to the development projects envisaged by Kejriwal in the capital.

A senior AAP leader said the party’s recent successes outside Delhi — like the victories in Surat, Punjab and Maharashtra local body polls — have unsettled the BJP. The AAP is also making a noise in Uttarakhand where it announced its plans to contest the Assembly polls next year. "The BJP aims to hinder Delhi’s development and show that Kejriwal cannot deliver. If we cannot deliver in Delhi, they can use it against us in other parts. But people will find out the truth,” the AAP leader said.

Another takeaway from the latest battle is that Kejriwal managed to muster support of several regional parties on the issue, if not for a larger political formation. It also indicates that the Centre may have its going tough on issues of federalism.