Why in the News?

The Supreme Court ruled that Delhi’s LG can independently nominate 10 aldermen to the MCD which escalates tensions between the Union, Delhi, and local governments.

Why is there constant tension and friction between the Union government and the Delhi government?  

• Legal Disputes: Legal battles have escalated tensions, particularly following Supreme Court judgments that have altered the balance of power between the elected Delhi government and the Lieutenant Governor (LG). For instance, recent rulings have clarified the LG’s powers, allowing for unilateral actions that bypass the council of ministers.
• Control Over Key Areas: The Union government retains control over critical areas such as police, public order, and land, which limits the Delhi government’s autonomy.
• Administrative Confusion: The presence of multiple layers of governance, including the MCD and other local bodies, complicates accountability and governance, leading to blame-shifting during crises, such as the recent incidents of electrocution and flooding.
•  Budgetary Conflict: The Delhi State Government has accused the Central Government of underfunding the MCD, leading to poor civic services, while the Central Government has argued that the State Government is not providing adequate support.
• Division and Unification of MCD: In 2012, the MCD was trifurcated into three separate entities by the Congress-led state government, a move seen as an attempt to decentralize power. However, in 2022, the BJP-led Central Government passed a law to reunify the MCD, citing administrative efficiency, but the move was perceived by the Delhi State Government as an effort to centralize control.

What did the 1989 Balakrishnan committee recommend?  

1. On Union Territory Status: The Balakrishnan Committee recommended that Delhi must remain a Union Territory rather than achieving full statehood.
2. On Governance Structure: The committee proposed a governance model that included an Administrator exercising powers based on the advice of the Council of Ministers, ensuring a balance of power while maintaining central oversight.
3. On Representation and Accountability: The committee emphasized the need for a more effective representative democratic system to safeguard the rights of Delhi’s growing population.

How has the Municipal Corporation of Delhi been involved in the power tussle? 

• Multiple Authorities: The MCD operates under the Union government’s control, adding complexity to the governance structure in Delhi. For example in public services and urban management.
• Electoral Conflicts: The MCD’s elected representatives have often been caught in the crossfire of political disputes between the Union and Delhi governments, leading to inefficiencies and a lack of coherent governance. The recent tragedies in the city have highlighted the consequences of this blame-shifting.

Way Forward:

• Revisiting Governance Structure: A constitutional amendment could be considered to delineate the powers of the central government and the Delhi government more clearly. For instance, the area of New Delhi (50-100 square kilometres) could be under central control, while the rest could be governed by the Delhi Assembly.
• Implementation of triple chain accountability: Implementing the spirit of the Supreme Court’s 2023 judgment, which emphasized a triple chain of accountability, could help restore balance and ensure that all layers of government are accountable to the people.
• Promoting Consensus-Based Governance: Encouraging dialogue and consensus between the different layers of government could help mitigate conflicts and foster a more cooperative governance environment.

Mains PYQ: 

Q Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.(2018)

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