GS Question

The 69th Constitutional Amendment Act, passed in 1991, gave Delhi the status of a Union Territory and introduced several essential provisions for its administration. It established a Legislative Assembly for Delhi and granted it limited legislative powers, allowing it to make laws on specified subjects such as public order, police, and land. Additionally, it created the position of the Lieutenant Governor (LG) to represent the President of India and serve as the administrator of the Union Territory.

Recently, conflicts have arisen between the elected representatives of Delhi and the LG due to perceived anomalies in the functioning of the amendment. One major issue is the interpretation of the powers and authority of the LG. The elected government of Delhi argues that it has the authority to make decisions on all subjects falling within its legislative powers, without the explicit approval of the LG, except for matters related to police, public order, and land. On the other hand, the LG and the central government contend that the LG must be consulted and his concurrence is required for all decisions. This clash of interpretations has led to frequent disagreements and delays in implementing policies and decisions.

Another point of contention is the control over administrative appointments. The LG asserts his power to appoint and transfer key officials, including the Chief Secretary, without consulting the elected government. This has resulted in conflicts and disruptions in the functioning of the Delhi government, as officials appointed by the LG may not align with the vision and priorities of the elected representatives.

These conflicts between the elected representatives and the institution of the Lieutenant Governor in Delhi's administration have become prominent in recent times but have deep roots in the ambiguity of the constitutional provisions. The different interpretations of these provisions have resulted in a power struggle between the elected government and the LG appointed by the central government.

As for the impact on Indian federal politics, it is uncertain whether this will give rise to a new trend. The Delhi situation is unique due to its status as a Union Territory with a special constitutional arrangement. However, it may prompt a reassessment of the relationship between elected governments and appointed administrators in other Union Territories across the country. Additionally, this conflict has highlighted the need for clarity in constitutional provisions and the importance of effective coordination mechanisms between the center and the states to avoid similar clashes in the future.