Delhi’s problem

From the moment Aam Aadmi Party chief Arvind Kejriwal hailed the Supreme Court’s judgement on the powers conferred on the Legislative Assembly of the National Capital Territory as an approval of his supremacy over executive authority, it was clear that the judicial reiteration of the Constitutional Scheme would be just another footnote in the fierce power struggle raging between the BJP-led Centre and AAP-led Delhi government. Predictably, the BJP pointed out that not only do the apex court’s pronouncements not change Delhi’s Constitutional status as a Union Territory under the Centre, the references to “anarchy” and the emphasis on “harmony” by the judges were a caution to Kejriwal and his comrades to pipe down.

In real terms, the Supreme Court has given some relief to Kejriwal after his assertion of administrative supremacy was dismissed by the Delhi High Court, which was clear in underlining that the Lieutenant Governor, whom AAP has accused of “ruling at the Centre’s behest”, is, in fact, the administrative head of Delhi. The Supreme Court’s five-judge bench, in separate but concurring judgements, has underlined that the Lieutenant Governor is not just bound by the “aid and advice” of the Council of Ministers, he is also not to interfere in the day-to-day functioning of the Delhi Government. Justice DY Chandrachud, in his separate judgement, has emphasised that the “real power and substantive accountability is vested in the elected representatives of the people”. But the reality is that the NCT of Delhi still does not have the status of a State and powers that belong to the government of a full State cannot be presumed to have been conferred to the government of a Union Territory. The power in relation to police, public order and land rest with the Centre and the LG has powers under the proviso to Article 239AA(4) to make a reference to the President on “any matter”. Justice Chandrachud goes to some lengths to emphasise that if “any matter” is to be read as “every matter”, it would lead to the President assuming administration of every aspect of Delhi’s affairs which is a negation of the Constitutional Scheme for the city-state.

Ultimately, as Delhi’s longest-serving former Chief Minister Shiela Dikshit pointed out, it all boils down to the restraint and maturity that political players on both sides display in order to achieve the level of harmony needed to govern Delhi. The alacrity with which both Kejriwal and the BJP have seized upon the SC judgement to assert their administrative superiority is a clear indication that governance will continue to suffer in the nation’s capital. Dikshit had a 15-year-long tenure during which she worked almost seamlessly with both Atal Behari Vajpayee and his successor Manmohan Singh. During that period, Delhi also witnessed substantive and tangible growth, underscoring the beneficial impact of sobriety in governance.

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