Asymmetric federalism has been a positive feature of India’s politics, but even the most pragmatic arrangement cannot always guarantee harmonious relations between the center and its constituent units. The tussle between the central government and the government of the National Capital Territory of Delhi (GNCTD) has been an endless saga over the years, and the Supreme Court has repeatedly sought to lay down the terms of their relationship on how to govern the territory. In the latest ruling, a constitution bench has ruled that the elected government actually has control over the administrative services. However, it is limited to services relating to the extent of its present executive and legislative powers, which extend to all subjects under the State and Concurrent Lists, except for three excluded ones – public order, police and land. The Centre’s contention that in the absence of a Public Service Commission for Delhi and in view of the phrase “in so far as such matters are applicable to the Union Territories”, the subject of ‘services’ is within the purview of the Government of Delhi I would not come, was rejected. The Court’s unanimous decision rejected an attempt to read the phrase as one that imposed an additional limit on legislative and executive powers. The Court emphasized on the unique nature of Delhi, so that its Union Territory status should not be used to limit the role of the elected government. The judgment of the five-judge bench again underlines the principle that a representative governance should not be undermined by an unelected administrator.
Delhi Chief Minister Arvind Kejriwal, who has been at loggerheads with the Lt Governor for a long time on a number of issues, will be pleased with the court’s decision that “the participation of the Union of India in the administration of the NCTD is limited by constitutional provisions, and any further extension to the constitutional scheme of governance” However, yet another Constitution Bench judgment underlining the representative character of the GNCTD may not be enough to end the underlying power struggle in Delhi, unless due to its animosity towards the central government Continues its efforts to curtail the powers of the government. Aam Aadmi Party. It’s been five years since the Court said that constitutional trust between high functionaries is needed to resolve matters, but the conflict is over There is no indication. In practice, the provisions of the GNCTD (Amendment) Act, 2021, which seeks to strengthen the lieutenant governor’s hand in running Delhi, may continue to be a source of conflict. The validity of its provisions will also be up for question by the Supreme Court is under challenge before the Supreme Court, a sign that the legal battle is hardly over.