In through the back door

The Union Cabinet’s decision to amend the Government of the National Capital Territory of Delhi (GNCTD) Act to arm the Lieutenant Governor with more powers to control and actually prevent the elected government from functioning is unfortunate and will needlessly widen the existing trust deficit between the Centre and non-BJP states and rekindle the conflict between the BJP and the Aam Aadmi Party government in Delhi. Although Delhi is not a full-fledged government and the elected government of Delhi does enjoy only limited powers, this had not in the past particularly affected governance. For a long time, the ruling party at the Centre and the state were the same, which served to smoothen out any conflicts. However, tensions rose sharply after the AAP came into power in Delhi. A series of escalating confrontations, culminating in the unprecedented scene of a sitting Chief Minister – Arvind Kejriwal – staging a dharna outside Parliament, were eventually de-escalated, thanks to the intervention of the Supreme Court. In 2018, a bench of the Supreme Court had outlined a rational division of power between the L-G, who is an appointee of the Centre, and the state’s elected government. The Centre retained its control over the police, law and order and land, while the state government was not required to obtain the L-G’s approval for every administrative decision. This is now sought to be overturned by the proposed amendment, which will require the state government to send legislative proposals, as well as administrative decisions to the L-G for approval in advance. This is unfortunate, as the LG is a political appointee, while the state government is elected by and accountable to the public and such an action is tantamount to overturning the electoral verdict and seizing power through the backdoor. The Centre would do well to reconsider this retrograde step.