Revision as of 12:11, 28 May 2015

Statehood

The Times of India

Jan 12 2015

NDA govt's '03 Bill to confer Delhi statehood was not passed

How are states different from union territories?

Union territories are governed directly by the Centre. According to the Constitution's article 239 , ev ery UT shall be administrated by the president through an adminis trator appointed by himher. But two of the UTs, Puducherry and Delhi, are different in that there is a greater devolution of powers in their case. They are allowed to elect members of legislative assemblies and have a council of ministers with jurisdiction over depart ments such as education, health, power and power. Being the seat of the na tional government, the Delhi gov ernment has been denied control over vital departments such as po lice and land. This is why Delhi is far from a full fledged state.

What is the Government of Na tional Capital Territory Act?

This Act of 1991 inserted two special provisions in article 239 of the Indian constitution. These provisions state that articles 324 to 329 with the exception of article 328 will also be valid for Delhi. The Act deals with the establishment of a legislative assembly and a council of ministers for the NCT of Delhi. It defines pa rameters of the assembly like number of seats, reser vation for scheduled castes, duration of assembly , eligi bility criteria for members, legislative powers of the house and so on. These proS visions make Delhi differ ent from other UTs.

How is NCT of Delhi different from states?

As per Article 239AA, the legislative assembly of Delhi has no control over establishment of public order, police, officers and servants of the high court and rights over the land of the NCT. This is in contrast to the authority vested in state governments over those subjects.

Does Delhi's lieutenant governor have more legislative power than state governors?

The special provision for Delhi states that there shall be a council of ministers, with the chief minister to aid and advise the lieutenant governor. In the case of a difference the LG can refer it to the president.The LG can act according to the decision given by the president and overrule the council of ministers.

Is the recurring demand for full statehood for Delhi feasible?

Though Prime Minister Narendra Modi has maintained silence on this issue, the previous NDA government had introduced a Bill in Parliament in 2003 through the then home minister, L K Advani, to confer full statehood on Delhi. But there was no serious attempt to pass that law.

A state that is not a state

The Times of India

Feb 07 2015

Subodh Varma

Is Delhi a `State' or a `Union Territory'?bb

The Centre administers a Union territory while a state is governed by its elected government. Delhi is a bit of both. Till 1991 it was a UT with a Metropolitan Council that had limited powers. Then the 69th Amendment was passed changing the set up. Delhi's official name became National Capital Territory of Delhi with a legislative assembly to be elected by citizens, a council of ministers and a CM. The lieutenantgovernor continued as the President's appointee. But certain pow ers given to legislatures were withheld from Delhi making it a special class stateUT.Another example of this is Puducherry . The first Delhi's assembly poll under the new dispensation was in 1993, which BJP won. Congress won the three subsequent elections, and the last one in 2013 produced a hung house.

Why can't Delhi be considered a fullfledged `state'?

The 69th Amendment laid down why: Legislative powers on everything related to land and public order are with the Centre. In full states, as per the Constitution, these are with state governments.There are other differences too. The Lt Governor is not the head of state, unlike other governors. The CM and ministers are appointed by the President. Parliament has overriding powers over laws passed by the state legislature.

All Delhi land is under Delhi Development Authority control. DDA has sole power to acquire or dispose it off. DDA is under the Union urban affairs ministry . Over the years, as Delhi's population exploded and land became a key requirement for settlement, this agency acquired enormous powers.

In Delhi, since public order is not state government responsibility , the Union home ministry runs Delhi Police, one of the largest metropolitan police forces in the world.

So, that's it? Some things are run by Centre and some by state government?

It's slightly more complicated. Most civic functions like sanitation, maintenance of roads, certain taxes and tolls, infrastructure, and so on are controlled by mu nicipal corporations after the 74th Constitution Amendment of 1992. The Municipal Corpo ration of Delhi was reorgan ized with a 272-member body after the 74th Amendment.

In 1997, it was won by BJP , in 2002 by Congress and again by BJP in 2007. In 2012, it was trifurcated into North, South and East Corporations, all controlled by BJP . A large chunk of funds to the municipal corporations are provided by the state.

These civic bodies don't have jurisdiction over Lutyens Delhi where residences of ministers, MPs and the diplomatic enclave are located. This island comprising 3% of Delhi's area is run by the unelected New Delhi Municipal Council. An even smaller segment where armed services establishments and residences are located is managed by the Cantonment Board, an elected body .

Extent of Centre’s powers

The Times of India

Feb 07 2015

Ambika Pandit

Previous chief ministers of BJP, Congress and even AAP have been seen to be on the defensive and often helpless over unresolved policing, land and legislative concerns. However, as far as Delhi's finances go, it is not dependent on the Centre directly as it generates its own resources from a tax base which continues to be robust even in the absence of a state government for a year now. However, critical subjects like land, law and order, traffic and certain financial bills rest with the union government. Delhi's lack of status as a full state also means it gets just a few hundred crores from the central government under the allocation from the union budget. Thus Delhi runs the show with its own finances from revenue generated from value added tax, excise, stamp duty and transport. Central assistance was around Rs 700 crore last year. Delhi also gets its share in central schemes.

In Delhi, LG is the representative of the Centre on all matters related to policing and land. The Centre plays a key role through urban development ministry on subjects related to land managed by DDA. Regularisation of unauthorized colonies is a key concern where centre-state coordination has a critical role. As far as Delhi Police goes, it is not only under the control of the home ministry but also gets its budget from the Centre. Delhi Cantonment too is a centrally-fi nanced entity .

The first test for any government that takes charge after the polls will be to give shape to the Delhi budget for 2015-16. The budget outlay for the current fiscal 2014-15 was about Rs 36,000 crore and the outlay for the next fiscal is expected to be of the same size.

BJP has sought votes for good governance under Narendra Modi, making Delhi's development almost a Central affair. The fact that the BJP has abandoned its long-stand ing demand for full statehood this poll season indicates that the Centre will take a keen interest if a BJP-led government takes charge in Delhi. The PM himself has been addressing rallies and seeking a vote for good centrestate coordination.

While AAP's CM candidate, Arvind Kejriwal, has assured people that he would seek cooperation of the centre on subjects linked to centre-state coordination, an AAP government will face the challenge of strengthening the capital's financial base to deliver an expansive social welfare agenda. However, the past shows that on subjects of land and policing, often CMs have found themselves struggling to take decisions due to dependence on the Centre, leading to a stalemate.

During the 49 days of AAP government, one saw the centre-state row escalate over Jan Lokpal Bill with then CM, Arvind Kejriwal, refusing to refer the bill to the Centre in keeping with the provisions, arguing that there was no need for central approval. The impasse and protests by BJP and Congress over AAP's stand finally led to Kejriwal resigning from government. Sheila Dikshit as CM had also expressed helplessness on matters related to law and order. After the Nirbhaya gangrape case, the tussle between the centre and state on law and order was out in the open.The union home ministry's reluctance to remove the then police commissioner did not go down well with Dikshit.She failed to have her way though the Congress-led UPA was in power at the Centre.Similar showdowns were seen over trifurcation of the municipal corporation with the Centre reluctant to let go of its powers on municipal affairs.

CM Arvind Kejriwal vs L-G Najeeb Jung: 2015

The Times of India 19 May, 2015 The turf war between chief minister Arvind Kejriwal and lieutenant-governor Najeeb Jung unfolded as follows.

May 15

LG Najeeb Jung appoints Shakuntala Gamlin as acting CS; AAP govt slams the move, saying LG acted against ‘the Constitution, GNCT of Delhi Act and the Transaction of Business Rules’ Jung rebuts the allegations saying under Article 239 AA of the Constitution, LG is the representative of State Authority in Delhi

May 16

CM Arvind Kejriwal asks Gamlin not to take charge, saying her appointment is against the set rule Gamlin takes charge; Kejriwal removes Anindo Majumdar from the post of principal secretary (services) after he issued the appointment letter to Gamlin following instructions from Jung LG declares the order to transfer Majumdar ‘void’ saying it did not have his approval

May 17

CM accuses Gamlin of trying to favour 2 Reliance Infra-owned discoms through a Rs 11,000-cr loan and says the Modi government wants AAP dispensation to 'fail'

May 18

AAP government locks the office of Majumdar, appoints CM’s secretary Rajendra Kumar as principal secretary (services); LG rejects the appointment

Deputy CM Manish Sisodia writes to LG, calling Jung’s stand unconstitutional