Federalism: Unique Status Of Delhi Flashcards
Q. Write an introduction for the topic .
Ans : There has been tussle between the delhi govt and the centre over administrative control of postings and transfers of civil servants belonging to All India Services serving in Delhi.
Q. What is the present status of Delhi as UT ?
Ans : 1. 69th CAA, 1991 have Delhi special status with its own democratically elected govt and legislative assembly.
- insertion of new articles 239AA and 239 AB after article 239A.
- in case of difference of opinion between LG and Ministers on any matter, LG shall refer it to the president .
- Public order, police and land fall within the domain of Union govt.
2. Govt of national territory of Delhi (amendment) act (GNCTD) 2021.
- Govt shall mean the LG.
- LG’s opinion shall be obtained before the govt takes any executive action.
Q. What are some issues with the current setup ?
Ans : 1. Against the privilege of legislature : Framing the rules to conduct its proceedings is a part of the privilege each house of a legislature enjoys .
2. No accountability of LG action .
3. Undermining the elected govt.
4. Concentration of power :
- As stated in the GNCTD Act, The term “government” in any law made by the legislative assembly shall mean the LG
- A-239AB provides for president’s rule in Delhi ( when the administration of the territory cannot be carried on in accordance with the provisions of A-239AA )
5. Against cooperative federalism: upturns the fundamental principles laid down by the SC in Govt of NCT Delhi vs UOI case, 2018.
Q. What are some way forwards ?
Ans : 1. Collaborative structure : that can be worked only through constitutional trust .
2. Adopting Fine mixed balance .
3. Reducing politicisation.
4. Clear interpretation of the existing laws .
Q. What were the key provisions of the GNCTD case, 2018 ?
Ans : 1. LG would be bound by the aid and advice of the COM in matters that were not directly under the control of the LG.
2. Barring police, public order and land the LG’s concurrence is not required on other issues.
3. However , the decisions of the COM will have to be communicated to the LG.
Q. Write 3 differences between LG power in Delhi and Puducherry .
Ans : 1. LG of Delhi enjoys greater powers than the LG of puducherry .
- LG of Delhi had “executive functions” that allow him to exercise his powers in matters connected to “public order, police and land”.
2. LG of Delhi is guided by the GNCTD (Amendment Act) 2021, whereas the LG of puducherry is guided mostly by the Govt of Union Territories Act, 1963.
3. A-239 ,239AA and GNCTD ( amendment) Act 2021, clearly underline that Delhi is a UT, where the centre has a much more prominent role than om puducherry.
