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Delhi Lt-G-CM Standoff: CLEAR LINE OF CONTROL VITAL, By Dr.S.Saraswathi, 27 May, 2015 Print E-mail

Open Forum

New Delhi, 27 May 2015

Delhi Lt-G-CM Standoff

CLEAR LINE OF CONTROL VITAL

By Dr.S.Saraswathi

                                             (Former Director, ICSSR, New Delhi)

 

India’s Capital Delhi is in the vicious grip of a tussle between the Lt-Governor and Chief Minister Kejriwal over their roles, functions and respective jurisdictions with both flexing their muscles. Clearly, smacking of shadow-boxing between Modi and Kejriwal.

 

The fracas started with the Delhi’s Lt Governor Jung appointing a senior bureaucrat as Acting Chief Secretary without consulting the Chief Minister last week. A livid Kejriwal refused to let accept this. Resulting in Jung cancelling all appointments made by the Delhi Government in the interim.

 

Adding fuel the Union Home Ministry notified that the Lt-G would have jurisdiction over matters connected with services, public order, police and land in the Capital. A provoked AAP Government convened a special two-day session of the Delhi Assembly earlier this week and passed a resolution nullifying the notification. Asserted Kejriwal, “the fight with the Centre will continue” until full Statehood is accorded to Delhi.

 

Predictably, the matter reached the High Court which described as “suspect” the ban placed by the Centre on Delhi Government’s anti-corruption branch from taking action against officials in corruption cases.  The Court observed that the Lt-G is bound to act on the “advice” of the Council of Ministers and respect the people’s mandate.  

 

Importantly, the issue is not the clash between an elected authority and an appointed head or between two dominant personalities as made out by some people, but the division of powers in governing the Capital city. 

 

Pertinently, Delhi has certain unique responsibilities not found in other metropolitan cities. One, it is the seat of administration and Government and has political and symbolic importance.  Two, it might not enjoy a dominant status in global urban networks or commercial links, but holds tremendous importance as a nation’s seat of highest decision-making power. 

 

Three, it houses the country’s Parliament, Union Government offices and Secretariat, largest number of residing and floating population of political and administrative power holders, foreign embassies etc. Though every place country-wide should be well governed, policing, law and order, public amenities, transport and construction activities in the Union Capital demand extraordinary attention.

 

In fact, administration of a capital city globally has special features for performance of its additional responsibilities.  Safety of the Capital city from internal and external enemies is sine qua non for the safety of a nation.  In federal Governments, preserving the federal character in governance of the Capital city is also important.

 

Remember, Delhi became the country’s Capital in 1912 and until Independence, its administration was in the hands of a Chief Commissioner. Under the Indian Constitution Part C States Act 1951, Delhi became a Part-C State.  Under this provision a Legislative Assembly and a Council of Ministers was constituted to aid and advise the Chief Commissioner in the discharge of his functions. 

 

However, the legislative powers of Part C States were limited.  In 1956 under States Reorganization, the Legislative Assembly and Council of Ministers were abolished and Delhi became a Union Territory under the direct administration of the President.

 

The post of Lt-Governor for Delhi and Delhi Metropolitan Council were created in 1966 on the recommendations of the Administrative Reforms Commission.  The Council had no legislative power but only an advisory role.  In 1990, the Legislative Assembly was restored with the Lt-G retaining his place. 

 

Undeniably, the Delhi Government has undergone many changes and still remains unsettled with multiple authorities and overlapping responsibilities. Succinctly, a State with too many cooks spoiling the broth!

 

Arguably, a Capital territory or district in any country is normally designated as a separate administrative division so that no State/province gets any special advantage in housing the “Capital”.  

 

In Belgium, the Capital city is a full federal unit.  Bern, Switzerland’s Capital is also the Capital of the Canton of Bern. Berlin, Germany’s Capital has been an independent city-State since Germany’s unification in 1990. The French capital Paris is located in a province and Brazil’s Capital set within a federal district have no special status.

 

Ottawa, Canada’s Capital holds a special position as the National Capital Region which represents a jurisdictional area and not an administrative unit.  It is governed like a city.  In many federal States, there are Capital regions that do not have special significance as in Denmark.

 

The Australian Capital is a self-governing territory called Australian Capital Territory (ACT).    It has a Legislative Assembly and its own Chief Minister.  But, the   Federal Parliament has the power to overrule ACT legislations. The National Capital region in the US is designed to provide superior support to the Federal Government in Washington DC.

 

Jakarta is both the national and regional Capital of Indonesia.  It is officially called the Special Capital Region of Jakarta and is equal to a State or province. Islamabad, Pakistan’s Capital and seat of Government is federally controlled though it historically formed part of Punjab province.

 

Malaysia’s Capital Kuala Lumpur is the seat of Parliament and official residence of the King.  Due to overcrowding, the seat of Government was shifted in 2001 to the planned city of Putrajaya which became the centre of Federal Administration and came to be known as the Federal Capital.  Both these and Labuan have special status as federal territories.

 

South Africa is a unique case of three functioning capitals and no defined national Capital.  Cape Town is the legislative Capital where Parliament sits; Pretoria is the seat of Government and Administration; Bloemfontein is the judicial Capital. Most embassies are in Pretoria while the Constitutional Court is in Johannesburg.

 

Indeed, the patterns are baffling and confirm that controversies in the administration of the Capital city are normal in all Federal countries. 

 

Significantly, the three major issues facing Capital city Delhi --- services, public order and police and land use --- can in no sense be regarded as local or regional matters.  They have nation-wide impact and cannot be left to the decisions of a local or State Government wherein other States are not represented. 

 

The issue is not about the relative status of an elected leader and appointed head.  It is about the impact of Delhi Government decisions on the nation as a whole for which the Union Government is responsible.  Delhi is the Capital of India and not just for the region where it is located. 

 

Political pundits must ponder over the advisability of entrusting this to a local legislative body and its executive, the power of taking and implementing decisions that have a bearing on the entire country.  The size of the mandate is irrelevant here.   

 

In sum, even if Delhi is made a full fledged State, it is doubtful whether matters affecting India e.g. Parliament and the Secretariat’s safety can be assigned to its exclusive jurisdiction. Undoubtedly, Parties promised Statehood before elections without seriously considering its implications. 

 

The Capital city might require a special body to deal with issues of national importance in which all States are in some way represented. The alternative is to entrust such matters to the Union government leaving the Delhi Government to manage all other issues. No grey area should be allowed. ---- INFA

 

(Copyright, India News and Feature Alliance)

 

 

 

 

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