CAPITAL AND CONTROL

The sharing of executive powers has been a longstanding issue between the governments of Delhi and the Centre. Although it is not a full state, the national capital elects its MLAs, and has hitherto had independent authority in all matters of governance except those relating to land, law and order, and the police—the three domains controlled by the Centre, via Delhi’s Lieutenant Governor (LG). In recent times, given the strained relationship between the AAP (Aam Aadmi Party) government in Delhi and the BJP (BharatiyaJanata Party) at the Centre, the tussle has frequently lapsed into open confrontation, and even landed in the highest court of the land, with AAP alleging that the LG was deliberately stalling the executive decisions of the Delhi government. In July 2018, the Supreme Court decided in favour of the AAP government, ruling that the LG’s office did not have the authority to take independent decisions and was bound by the advice of the elected government. The ruling also set clear guidelines for the LG’s conduct. The GNCTD (Amendment) Bill, 2021, passed by both houses of Parliament in late March and ratified by the President, upends this ruling and undermines the executive writ of the elected Delhi government by mandating that the LG must clear all executive decisions of the Delhi state government. Noted lawyer Indira Jaising has said the new law undermines the SC’s 2018 judgment and certain provisions of the Constitution—in particular, Article 239 AA. It bears mention in this context that the BJP has in the past been a vocal advocate of full statehood for Delhi. In fact, as Union home minister, L.K. Advani had introduced the Delhi State Bill in Parliament in 2003. SHWWETA PUNJ, deputy editor, india today, spoke to BJP national spokesperson GOPAL KRISHNA AGARWAL to understand the Centre’s motivations and to ATISHI MARLENA, a member of the Political Affairs Committee of AAP, to gauge the state government’s response and plan of action. Excerpts: