31 July 2024 : Daily Answer Writing

Q1) The 69th constitutional amendment provides special provisions for the governance of the Union Territory of Delhi. Discuss and analyse the implications of divergences on various issues between the elected government and the Lieutenant Governor.

(250 Words/15 Marks)

ANS

The Sixty-Ninth Amendment Act of 1991 provides special status to the Union Territory of Delhi. Salient features of 69th constitutional amendment act, can be seen as:

1. The amendment provided for the insertion of new articles 239AA and 239AB in the Constitution.

2. 239AA: The UT of Delhi shall be called the NCT of Delhi and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor (LG).

3. Legislative assembly:

a) Creation of a unicameral legislature in Delhi with a 70-member legislative assembly.

b) The members to the legislative assembly are to be directly elected.

c) Legislative assembly can legislate on all matters of state and concurrent list except public order, police, and land.

d) Laws made by the parliament will prevail over those made by the assembly.

4. Council of minister:

a) It provides for a Council of Ministers consisting of not more than ten per cent of the total number of members in the Legislative Assembly (to aid and advise the LG).

b) The Chief Minister/council of ministers shall be appointed by the President and shall hold office during the pleasure of the President.

c) The Council of Ministers shall be collectively responsible to the Legislative Assembly.

5. In the case of difference of opinion between the Lieutenant Governor and his Ministers, the Lieutenant Governor shall refer the matter to the President.

6. In case of failure of constitutional machinery, the President may suspend the operation of article 239AA if necessary (239AB). Further, 239B may apply in relation to the NCT, the LG and the Legislative Assembly, as they apply in Puducherry, the administrator and its Legislature, respectively.

Divergences on various issues between the elected representatives and the institution of the Lieutenant Governor impact the governance process in following manner:

1. Alleged conflict related to appointment of officials hampers governance process by delaying service delivery. E.g., the Government of NCT (Amendment) Bill, 2023; dispute over control, appointments, and transfers of administrative officers.

2. It adds to miscommunication and disinformation. E.g., the divergences of opinion with respect to the GNCTD (Amendment) Act, 2021.

3. The reported distrust is a severe drag on the governance process. E.g., Distrust between the LG and the council of ministers with respect to functioning of Jal board and Municipal officers.

4. The reported criticism of the LG acting on behalf of the union government sends a picture of a divided polity, federal ruptures etc. E.g., Delhi government submitted in SC that LG is running a parallel government.

5. The perceived tussle between two authorities holds dire consequences for matters of public importance like health, education, pollution control etc.

The unique status of Delhi calls for the two functionaries to act in cooperative manner:

1. The divergences in opinions should be settled cordially in light of constitutional provisions.

2. Individual/party interests or power tussles should not be allowed to derail the governance process.

3. On matters of critical public importance, time-bound actions should be prioritized by the two authorities. E.g., public health, criminal justice etc.

4. Trivial matters should not be raised before the SC or the President, as it delays the governance process.

5. The strategic nature of Delhi calls for the LG and the council of ministers to act in tandem.

The conflict between constitutional authorities is a bane for the governance/developmental process. It is incumbent on both the LG and the council of ministers to act in good faith for the service of the people.