Delhi dilemma: Centre vs State (The Hindu)

Mains Paper 3: Polity
Prelims level: DANICS
Mains level: Federal structures and disputes

Context

•  The Supreme Court’s split decision on the question of whether the government of the National Capital Territory of Delhi (NCTD) has executive control over those in its service points to the inherent complexity of the relations between the Delhi government and the Centre.
•  The disadvantages of not having full statehood status has been felt by many elected regimes in Delhi.
•  But under Arvind Kejriwal’s Aam Aadmi Party government, and with the Narendra Modi Background

Background

•  In June 2018, a five-judge Constitution Bench ruled that decisions of the Delhi government will not require the concurrence of the Lieutenant-Governor, except in matters relating to Land, Home, and Public Order.
•  However, that judgment was silent on matters relating to services and other issues.
•  Recently a number of petitions were filed challenging various notifications including on control of services and power of Anti-Corruption Bureau (ACB).
•  The SC gave a verdict on the remaining issues recently.

Key highlights about the SC Judgement

•  Control of Services in National Capital
•  The bench differed on the issue of control of services in the national capital.
•  Justice Sikri said that to facilitate smooth governance in Delhi, transfer, and posting of secretaries and Head of Departments can be done by Lieutenant Governor (LG) while in case of officer of Delhi, Andaman and Nicobar Islands Civil Service (DANICS) and Delhi, Andaman and Nicobar Islands Police Service (DANIPS), the files need to be sent from the council of ministers to the LG.
•  Justice Bhushan, however, differed with the opinion expressed by Justice Sikri and said that under the law, the Delhi government has no power to exercise control over services.
•  After the difference of opinion on the issue of control of services, the bench decided that the matter needs to be referred to a larger bench.

Article 239 AA and 239AB

•  The 69th Amendment Act, 1992 has added two new Articles 239AA and 239AB under which the Union Territory of Delhi has been given a special status.
•  Art. 239AA provides that the Union Territory of Delhi shall now be called the National Capital Territory of Delhi and its administrator shall be known as Lt. Governor.
•  It also creates a legislative assembly for Delhi which can make laws on subjects under the State List and Concurrent List except on these matters: public order, land, and police.
•  Article 239AB provides that the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article. This provision resembles Art.356 (President’s Rule)
•  It also provides for a Council of Ministers for Delhi consisting of not more than 10% of the total number of members in the assembly.

Way forward

•  Therefore, he favours a solution under which transfers and postings of officers in the rank of Joint Secretary and above could be directly submitted to the LG, and those of others be processed by the Council of Ministers and sent to the LG.
•  In case of any dispute, the LG’s view will prevail. Justice Bhushan, on the other hand, has ruled that once it is accepted that there is no ‘service’ under the NCTD, there is no scope for its government to exercise any executive power in this regard.
•  A larger Bench will now decide on the question relating to control over the services.
•  The more significant challenge is to find a way out of the complexities and problems thrown up by the multiple forms of federalism and power-sharing arrangements through which relations between the Centre and its constituent units are regulated.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1) What are the two new districts of Telangana, which started functioning from February 17, 2019?
A.Narayanpet and Mulugu
B.Kamareddy and Narayanpet
C.Mulugu and Nirmal
D.Kamareddy and Siddipet

Answer: A

Mains Questions:
Q.1) Supreme Court’s split decision flags the need to address complexities in Centre-UT ties. Critically examine the statement.