THE HINDU DAILY ANALYSIS DATE - 23RD MARCH 2021 - For Preliminary and Mains examination
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THE HINDU DAILY ANALYSIS
DATE – 23RD MARCH 2021
For Preliminary and Mains examination
(Also useful for APSC and other government examinations)
CONTENTS
G. S. - 2 - Governance & Polity related issues
1. Amid protests, LS passes GNCTD amendment Bill
2. Rajasthan brings private medical colleges within RTI Act’s purview
3. Yechury seeks 100% VVPAT-EVM tallying
4. U.P., M.P. sign agreement on Ken-Betwa interlinking work
5. Why stop at quota, asks SC judge
G. S. – 2- International relations related issues
1. MEA silent on reports of UAE role in India-Pakistan détente
2. ‘India should back UNHRC resolution against Sri Lanka’
G. S. - 3 - Economy and Internal security related issues
1. Drinking age reduced to 21 in Delhi
2. LS nod for Bill to increase FDI in insurance
3. Centre readies draft plan for district-wise export promotion
4. ‘Sops under RODTEP to see delay’
5. CCI cuts price of cotton as ‘one-time’ correction
EDITORIALS
G. S. – 2- International relations related issues
1. Free and open
2. The way forward
G. S. - 2 - Governance & Polity related issues
1. Delhi’s administration as the tail wagging the dogNEWS ARTICLES
Amid protests, LS passes GNCTD amendment Bill
Context
• The Lok Sabha passed a Bill that defines that the word “government” in Delhi means the Lieutenant-
Governor (L-G) and makes it mandatory for the elected government in the national capital territory to
take the opinion of the L-G before any executive action.
• Amid strong protests from Opposition parties, including the Congress and the Aam Aadmi Party (AAP), the
Bill was passed by a voice vote. ‘Super Chief Minister’
• While Union Minister of State for Home said the Government of National Capital Territory of Delhi
(Amendment) Bill (GNCTD), 2021, was necessary to remove ambiguities and make governance in Delhi
more accountable and efficient, the Opposition members accused the central government of ‘usurping’
the power of the elected government in the national capital and trying to rule Delhi through the
Lieutenant-Governor by making his office a ‘super Chief Minister’.
• The lone AAP Member of Parliament from Punjab accused the BJP of being a ‘poor loser’ and alleged that
the Centre had become a specialist in taking away rights of the States.
• Echoing other Opposition members, he also wondered why Assembly elections in Delhi should be held if
all the powers were to be given to the L-G.
• He also asked if the Centre plans to turn the national capital into a Union Territory like Jammu and
Kashmir where there is an Assembly but is non-functional.
• Initiating the debate, Congress MP said the legislation was ‘unconstitutional and mala fide’ that sought to
take away the representative character of Delhi’s government.
Rajasthan brings private medical colleges within RTI Act’s purview
Context• The private medical colleges in Rajasthan have been brought within the purview of the Right to
Information (RTI) Act, 2005, following an order of the State Information Commission, which has imposed a
fine of ₹25,000 on the principal of Geetanjali Medical College in Udaipur for flouting the transparency law
and refusing to provide information. Falls within the purview of the RTI Act
• Allowing an appeal against the medical college, the Information Commission held in its recent order that
the State government had allotted land to the institution at concessional rates and the college was
established under a law passed by the State Legislature.
• Based on these facts, the college falls within the purview of the RTI Act.
• The college is governed by the rules and regulations framed by the State government.
• He imposed the fine on the principal for refusing to provide information sought by an applicant.
First-of-its-kind order
• The Commission’s first-of-its-kind order has paved the way for citizens to seek information under the RTI
Act from the educational institutions which have obtained land for their buildings and campuses at
concessional rates from the State government.
• The appellant had filed his plea with the Commission, pointing out that Geetanjali Medical College had not
attached any importance to his RTI application filed on August 7, 2019, seeking information on his
nephew’s admission.
• Despite the Commission issuing notices three times with the warning of action under the RTI Act, the
college did not respond.
• The appellant submitted the documents pertaining to allotment of land to the college and the legislation
having been passed by the State Assembly.
• He also cited a judgment of the Supreme Court in the D.A.V. College case, holding that the institutions like
schools, colleges and hospitals which received “substantial aid” from the government in the form of land
at discounted rate were bound to give information to the citizens under the RTI Act.
• The Information Commission accepted the appellant’s contention that the non-government organisations
receiving financing from the government were a public authority under the provisions of the RTI Act.
• While imposing penalty on the principal, the Commission directed the college to provide information on
its decision and action taken on six points raised by the RTI applicant within the stipulated time frame.
Yechury seeks 100% VVPAT-EVM tallyingContext
• CPI(M) general secretary, in a letter to Chief Election Commissioner, has urged the panel to carry out a
100% tally of all EVM machines with Voter Verifiable Paper Audit Trail (VVPAT) for the coming Assembly
elections.
• He red-flagged political financing via electoral bonds, and urged the commission to clarify the steps it is
taking to eliminate the adverse effects of money power on the electoral outcome. Raised many legitimate
questions
• Quoting the report by a civil society organisation, Citizens Commission on Elections (CCE), on the
functioning of the Indian EVM and VVPAT system, he said it had raised many legitimate questions.
• On both accounts of political funding and lack of transparency regarding EVMs the ECI’s response after
the 2019 general elections had been far less than adequate.
• The VVPATs were introduced in 2013 as a response to address the doubts in the minds of the voters as to
whether their intended choice is indeed recorded in the counting process.
• The CCE report pointed out that EVMs were not “sacrosanct”.
U.P., M.P. sign agreement on Ken-Betwa interlinking work
Context
• The governments of Uttar Pradesh and Madhya Pradesh have signed an agreement that nudges forward a
long-stalled multi-crore, controversial project to link the Ken and the Betwa rivers and irrigate the water-
deficient Bundelkhand region, spread over both States, and provide electricity.
• Several obstacles have dogged the project. For one, the project will partly submerge the Panna Tiger
Reserve in M.P. and affect the habitat of vultures and jackals.
• After years of protests, however, it was finally cleared by the apex wildlife regulator, the National Board
for Wildlife, in 2016.
Monsoon blues
• Then, the States were unable to come to an agreement on how water would be shared, particularly in the
non-monsoon months.• The project involves transferring surplus water from the Ken river in Madhya Pradesh to the Betwa in
Uttar Pradesh and irrigating 3.64 lakh hectares in the Bundelkhand region of both States.
• The project involves building a 77-metre-tall and a 2-km-wide Dhaudhan dam and a 230-km canal.
• The original project was conceived in two distinct phases but now they are learnt to be combined. This
influences how the entire scheme is funded.
• The Centre was originally to fund 90% of the cost (₹37,611 crore in 2018) but a final decision is still
outstanding.
• However U.P., it is learnt, wanted a greater share of the water which Madhya Pradesh was unwilling.
• This prevented the signing of an agreement on water sharing that was ready in 2018.
• Recent agreement was signed by both Chief Ministers in an event that Prime Minister, attended online.
Why stop at quota, asks SC judge
Context
• Justice Ravindra Bhat, one of the judges on the Constitution Bench hearing the question of 50% ceiling
limit on reservation, asked why welfare should be dependent on caste quota benefits alone.
• “Why stop at reservation? Why can’t other things also be done? Why not promote education, establish
more institutes? Somewhere this matrix has to move beyond reservation. Affirmative action is not just
reservation. There has to be something more,” Justice Bhat, part of the Bench led by Justice Ashok
Bhushan, asked.
Balancing act
• The court was hearing submissions by senior advocate Kapil Sibal, appearing for Jharkhand, on the
circumstances which led to the 50% limit in the Indira Sawhney judgment of 1992.
• The 1992 judgment was “a balancing act” done during a tumultuous time in the nation.
• On March 8, the Bench had framed several questions of law, including whether the Indira Sawhney verdict
needed to be re-looked by a larger Bench of more than nine judges.
SEBC Act examined
• The court is primarily examining whether the Maharashtra State Reservation for Socially and Educationally
Backward Classes (SEBC) Act of 2018, which provides 12% to 13% quota benefits for the Marathacommunity, and thus, taking the reservation percentage in the State across the 50% mark, was enacted
under “extraordinary circumstances”.
• Over the years, several States like Maharashtra and Tamil Nadu have crossed the Rubicon and passed laws
which allow reservation to over 60%.
MEA silent on reports of UAE role in India-Pakistan détente
Context
• The Ministry of External Affairs refused to comment on the latest in a series of reports that the India-
Pakistan détente, signalled by the ceasefire announcement by border commanders at the Line of Control
(LoC) last month, was prompted by a back-channel dialogue between Indian and Pakistani officials, and
facilitated by a third country.
Key points
• The two governments had begun to work on a four-step “road map for peace” facilitated by the United
Arab Emirates government.
• The report said the surprise joint statement announced by the Directors-General of Military Operations
(DGMOs) on February 25, that agreed to end cross-LoC ceasefire violations (CFVs), was the outcome of
talks “brokered by the UAE” months earlier and that the visit of UAE Foreign Minister to Delhi on February
26 also discussed progress in the India-Pakistan “peace” process with External Affairs Minister.
• At least two Indian national dailies and an international portal have previously reported on a possible
back-channel initiative led by National Security Adviser and interlocutors in Pakistan, including Pakistan
Army chief.
• The ceasefire announcement was the first step agreed to and that more would follow.
• The next step in the process involves both sides reinstating envoys in New Delhi and Islamabad, who were
pulled in 2019 after Pakistan protested against India’s move to revoke seven decades of autonomy for the
Muslim-majority State of Jammu and Kashmir.
• Then comes the hard part: Talks on resuming trade and a lasting resolution on Kashmir. No comments
• The Ministry of External Affairs, which has declined to comment on the previous reports, maintained its
silence when asked by The Hindu for a response to the Bloomberg story.
• Both UAE diplomatic sources and Pakistani officials also refused to confirm or deny the reports.• However, several developments in the past month have pointed to a broader peace process in play, not
restricted only to the LoC ceasefire, which has held since February 25.
• To begin with, statements from officials in the past week, particularly from Pakistan Prime Minister and
Pakistan Army chief as well as Foreign Secretary have been shorn of the customary rhetoric.
• Prime Minister also wished PM Khan a speedy recovery from COVID-19 after he was diagnosed last week,
sidestepping previous hostility between the two leaders and India has allowed Pakistani sporting teams to
visit for the first time in three years.
• Next week, Foreign Ministers will attend the Heart of Asia conference in Dushanbe on March 30, which is
being seen as an opportunity for engagement.
• The Shanghai Cooperation Organisation-Regional Anti-Terror Structure (SCO-RATS) secretariat has
announced that Indian troops would be part of counter-terror joint exercises, due to be held by the eight-
nation grouping in Pakistan later this year, which would be a first. Third-party mediation between India
and Pakistan
• Meanwhile, an eight-member Pakistani delegation headed by Pakistan Commissioner for Indus Waters
travelled to Delhi for Indus treaty talks on March 23, with the Indian team led by Indian Commissioner, to
be held after more than two years.
• While India has consistently and publicly rejected any chance of third-party mediation between India and
Pakistan, there have been several offers, including one by former U.S. President Donald Trump, to
facilitate talks.
• In February 2019, after the Balakot strikes and Pakistani action at the LoC , Trump had said he had spoken
to both sides to ensure a pilot’s release from Pakistan.
• At the time, Abu Dhabi Crown Prince had also announced that he had telephoned Indian and Pakistan PM
to de-escalate tensions and promote “peaceful dialogue” between the two.
‘India should back UNHRC resolution against Sri Lanka’
Context
● India should unambiguously support the United Nations Human Rights Council (UNHRC) resolution against Sri
Lanka for war crimes against Tamils in the island nation.● India should not set any precedence of supporting injustice by favouring Sri Lanka. Atrocities and violence ● It was a known fact that in 2009, the civil war in Sri Lanka turned into a full-fledged war by the state against Tamils. ● The atrocities and violence unleashed by the government of Sri Lanka on Tamil people resulted in deaths of tens of thousands of people including women and children. ● Those who committed these atrocities were rewarded by the Sri Lankan government. ● Many Tamil families had to flee the country. ● The survivors are still waiting for justice and continue to face the violence. Drinking age reduced to 21 in Delhi Context ● The Delhi government has taken a decision to reduce the minimum age for liquor consumption in the city to 21 from 25. The government has taken a decision to end government-run liquor stores in the city. ● The Excise Department had formed an expert committee to change the excise policy and later constituted a Group of Ministers (GoM) to study the report of the committee. ● The Delhi Cabinet approved all suggestions given by the GoM. ‘Same age as Noida’ ● The issue that the age is high in Delhi has been raised multiple times. ● The Group of Ministers had recommended that liquor consumption age in Delhi should be same as Noida, U.P. ● Currently more than 60% of liquor shops come under the State government. ● 40% of private liquor shops give more revenue than State government-owned shops.
● They have taken a decision to end government-run liquor stores. ● The location of many of the existing liquor stores will be changed to put an end to “liquor mafia”. ● Some areas of the city are underserved in terms of liquor stores and some areas have a surfeit because of which “liquor mafia” thrive, he said, adding that “no new liquor stores” will be opened in the city. ● The revenue accruing to the Excise Department will increase by ₹1,500-₹2,000 crore in a year after the implementation of these and other changes. LS nod for Bill to increase FDI in insurance Context ● The Lok Sabha passed the Insurance (Amendment) Bill, 2021 which seeks to raise the limit for Foreign Direct Investment (FDI) in insurance companies from 49% to 74%. ● The Bill had earlier been cleared by the Rajya Sabha and now requires presidential assent to become law. Designated as strategic sectors ● The move was aimed at solving some of the long-term capital availability issues in the insurance sector which was a capital intensive industry. ● Stakeholders had been consulted by the Insurance Regulatory and Development Authority of India (IRDAI) before going ahead with the move. ● Apprehensions over the gradual taking over of public sector insurance companies was ill-founded, as the banking and insurance industry had been designated as strategic sectors and that the 74% cap is just a limit posed on the FDI. ● The high solvency fund ratio in the sector has led to liquidity stress in the sector and that the Bill will address that stress. ● Government can help public sector firms but private companies will have to find ways of raising money.
● The public sector undertakings were going to be disinvested and that it was “akin to selling the family silver”. Key points ● Nobody is taking the money outside India. The Bill has safeguards that some of the profit has to be invested within the country. ● The Bill was about right sizing the public sector and unlocking assets. ● Public sector employees will be protected and the measure will also give a fillip to private employees. ● There are 2.67 lakh employees in the private sector in insurance as against 1.54 lakhs in the public sector. ● Around 15 lakh insurance agents in the public sector as against 21 lakh in the private sector, there are seven public sector companies, while 61 exist in the private sector and money should be available to them to do business. Centre readies draft plan for district-wise export promotion Context ● The government has readied a draft district-wise export promotion plan for 451 districts in the country after identifying products and services with export potential in 725 districts. ● Aiming for double-digit export growth from 500 districts over 3-5 years, the Commerce Ministry has asked States to prepare an annual ‘export ranking index’ of districts on export competitiveness with the assistance of the Directorate General of Foreign Trade (DGFT). District-specific approach ● While foreign trade constitutes 45% of India’s GDP, most export promotion efforts are driven by the Centre. ● The district-specific approach that perforce involves the States in identifying potential export sectors and the logistics bottlenecks to be fixed, was taken up after Prime Minister pushed for each district to aim to be an export hub during his Independence Day address in 2019.
● In the initial phase, products and services with export potential in each district have been identified and an institutional mechanism of State and District Export Promotion Committees (SEPC) are being created, with an action plan to grow exports from each district. ● Draft District Export Action Plans have been prepared by regional DGFT authorities in 451 districts. ● Products/services with export potential have been identified in 725 districts across the country (including Agricultural & Toy clusters and GI products in these Districts). ● District Export Promotion Committees have been notified in the districts of all the States except West Bengal. ‘Sops under RODTEP to see delay’ ● The notification of benefit rates payable to exporters under the Remission of Duties and Taxes on Export Products (RODTEP) scheme, is expected to take more time as it is facing ‘teething issues’. ● It’s a new scheme and there are always some teething issues, but the roadmap is clear and exporters know what is coming and they will get it from January 1 this year. ● There are a few weeks of teething issues and should be behind us soon. CCI cuts price of cotton as ‘one-time’ correction Context ● The Cotton Corporation of India (CCI) reduced the selling price of cotton as a “one-time correction.” ● International cotton prices had risen almost 12% in the last two months and dropped at the same rate. Nominal correction ● The CCI did not increase the prices to that extent. Since CCI prices went up only by about 2%, it has reduced the prices by about 2%. ● The amount of reduction in prices differs according to the variety of cotton.
● This nominal correction will give a stimulus to the textile industry as those who want to buy cotton can do so now. ● Cotton yarn prices had gone up steeply in the last 4 months. ● The move by the CCI was significant for the textile value chain, especially garment exporters. ● Apparel Export Promotion Council appealed to textile mills to reduce yarn prices by ₹20 a kg as cotton prices had declined. EDITORIALS Free and open Context ● The timing of U.S. Secretary of Defence’s visit to New Delhi over the weekend (March 19-21) was significant for many reasons. ● As the first senior ranking official of the Biden administration to meet with the Modi government, his visit this early in the new President’s tenure indicates the place India holds, on a par with the other two countries he visited prior to India: Japan and South Korea ● The visit, just after the first ever Quad leaders’ summit, confirms the U.S.’s focus on greater maritime cooperation in the Indo-Pacific. ● His trip preceded an unannounced stop in Kabul where the U.S. is undertaking a major review of its troops pull- out schedule and peace plan.
India’s concerns ● As a result, all three areas: bilateral ties, the Indo-Pacific and Afghanistan came up for discussion during talks with Defence Minister, and meetings with Prime Minister and External Affairs Minister. ● On the bilateral front, the two sides agreed to boost their defence relationship through the use of three foundational agreements (LEMOA, COMCASA, and BECA), as well as increase cooperation in the areas of information sharing and logistics, artificial intelligence, space and build more linkages with the U.S. Commands. ● On Indo-Pacific strategy, Defence minister affirmed India’s resolve to maintain a free, open, and inclusive Indo- Pacific region with the U.S., as part of the Quad. ● On Afghanistan, the discussions are understood to have been consultative, as the secretary of defence is part of the decision-making process over whether the U.S. will stick to its May 1 deadline to pull out all remaining troops, and how to proceed forward in the Intra-Afghan dialogue. ● The U.S. does not thus far appear to have heeded India’s concerns on talks with the Taliban, making any talks conditional on a ceasefire, including India in all regional talks where Pakistan is also involved, and prioritising the needs of the government in Kabul. ● Even so, it is important that India expresses its sense of the situation in Afghanistan, given its important role there. Raised the issue of human rights ● While he made it clear the Biden Administration is committed to CAATSA sanctions against all countries procuring high-value Russian military hardware, he said that the determination on India would only come after New Delhi takes delivery of the S-400 missile system. ● He confirmed that he had raised the issue of human rights in India, but added that these are part of conversations any two democracies would share, a sentiment seconded by the MEA. ● Finally, while officials said they discussed India’s challenge from China, he was careful not to make any direct reference to Beijing or about the LAC dispute, which New Delhi considers a bilateral issue. ● The omission, in contrast to his comments in Tokyo and Seoul, signalled both that New Delhi desired discretion on the issue, and that the U.S. Defence Secretary was sensitive to his host’s wish.
The way forward Context ● Ever since the military captured power in Myanmar seven weeks ago, the country has steadily descended into political and economic chaos. ● When the Generals toppled the democratically elected government, detained its leaders, including State Counsellor Aung San Suu Kyi and President Win Myint, and declared a state of emergency with prohibitory orders, they may have thought that they could quickly consolidate power through force. ● But they were proved wrong as tens of thousands of people stood up against the junta. Spillover impacts ● Faced with strong challenges in their path towards absolute power, the Generals responded with brutal force. ● At least 247 people have been killed since the February 1 coup, according to the Assistance Association for Political Prisoners, a non-profit. ● The crisis had its spillover impacts on the borders as well. ● At least 300 Myanmarese, including police officers, are estimated to have since crossed into India. ● Mizoram Chief Minister took up the issue with the Foreign Minister and India has shut the border for now, but it would be difficult for New Delhi to turn a blind eye to the border if the situation in Myanmar turns worse. Background ● The military, which controlled the country through direct rule for almost 50 years until former junta ruler initiated the transition into partial democracy in 2010, is one of the most consistent enemies of democracy and human rights.
● In 1988 and 2007, the Generals unleashed violence to quell protests. But in the past, they managed to restore order quickly through fear and violence. ● Now, neither the junta’s bloody track record nor the actual use of force is dissuading the protesters who, after experiencing limited liberties for 10 years, refuse to recognise the junta. ● Mostly youngsters, they use VPN and encrypted messenger apps to organise protests, and are joined by thousands, including bank employees, port workers and medics, bringing the battered economy to a halt. International pressure ● As protests and violence continue, international pressure is also mounting on the Generals. ● In the past, the Myanmarese military paid little attention to international opinion or targeted sanctions. ● They are unlikely to be different now. But the Generals now find it increasingly difficult to consolidate power and restore order. The public remains defiant. ● How long will the Generals continue to kill their own people? ● And even if they quelled the protests through more bloodshed, what kind of a Myanmar would they be left with? ● Surely, no one wants an extremely poor, isolated country with a broken society and a shattered economy. ● The Myanmar Generals should, without further bloodshed, heed the public’s demands, end the coup, respect the election results and restore the country’s democracy. That is the only way forward. Delhi’s administration as the tail wagging the dog Context ● India has no monarchs but a President and Governors, in whose name, the government is run.
● They can do almost nothing by themselves, without the aid and advice of their cabinet of Ministers. ● However, the Lieutenant Governor (LG) of Delhi, will likely be an exception soon. Part of the basic structure ● Parliamentary democracy, with a cabinet form of government, is part of the basic structure of the Indian Constitution. Its first article reads, “India that is Bharat, shall be a Union of States.” ● When the Constitution came into force, there were four kinds of States, called Parts A,B, C and D States, with the last two being administered by centrally appointed Chief Commissioners and Lieutenant Governors, with no locally elected Assemblies to aid and advise them. Governing Delhi ● Delhi as the National Capital, belonged to the nation as a whole. ● It was felt that if Delhi became a part of any constituent State of the Union, that State would sooner or later acquire a predominant position in relation to other States. ● Second, the need for keeping the National Capital under the control of the Union Government was deemed to be vital in the national interest. ● It was felt that if Delhi became a full State, the administration of the National Capital would be divided into rigid compartments of the State field and Union field. ● Conflicts would likely arise in vital matters, particularly if the two governments were run by different political parties. ● Hence, Delhi was initially made a Part C State. Its population then was around 14 lakh people. ● In 1951, a Legislative Assembly was created with an elected Chief Minister. Chaudhary Brahm Prakash became the first Chief Minister in 1952. ● However, a prolonged stand-off with the Chief Commissioner, and later the Union Home Minister, Govind Ballabh Pant, over issues of jurisdictions and functional autonomy, eventually led to his resignation, in 1955. Delhi became a Union Territory
● In 1956, when the Constitution of India was amended to implement the provisions of the States Reorganisation Act, only two categories, namely, States and Union Territories remained in the Indian Union. ● Delhi then became a Union Territory to be administered by an Administrator appointed by the President. ● The Legislative Assembly of Delhi and the Council stood abolished, despite loud protests in Parliament. ● Ten years later, the Delhi Administration Act, 1966 provided for a limited representative Government in Delhi through a Metropolitan Council comprising 56 elected Members and five nominated Members. ● This structure continued for many years, with repeated political demands for full statehood to be granted to Delhi. Balakrishnan Committee recommendations ● In 1987, the Balakrishnan Committee was set up to submit its recommendations with regard to the status to be conferred on Delhi. ● In 1989, the Committee recommended that ○ Delhi should continue to be a Union Territory but that there must be a Legislative Assembly and Council of Ministers responsible to the said Assembly with appropriate powers; and ○ To ensure stability, appropriate constitutional measures should be taken to confer the National Capital a special status. ● Based on this report, the Constitution (69th) Amendment Act and the Government of National Capital Territory of Delhi (GNCT) Act, 1991 were passed. ● They roughly restored the kind of governance system that was offered to Delhi in 1952: ○ A Union Territory with a Legislative Assembly, ○ A Council of Ministers and ○ An elected Chief Minister. ● This limited reincarnation has continued to hold the field to date, despite several efforts to progress to full or near-statehood. Politics and questions ● Between 1991 to date, there have been various instances when the Delhi Assembly has been won by a party other than the ruling party at the Centre. ● In an era of mixed but slim mandates, the Delhi government and the Union Government have differed, but more often than not found a modus vivendi.
● But the Lok Sabha elections of 2014 and 2019 and the Delhi Assembly elections of 2015 and 2020, have resulted in huge mandates to personality-led governments, from different parties that are seemingly locked in mortal combat with each other. ● The ensuing fights lead to constitutional questions on Delhi’s peculiar government structure being litigated up to the Supreme Court. SC’s observations ● A Bench in 2018 ruled that - Parliament envisaged a representative form of Government for the NCT of Delhi. ○ The said provision intends to provide for the Capital a directly elected Legislative Assembly which shall have legislative powers over matters falling within the State List and the Concurrent List, barring those accepted, and a mandate upon the Lieutenant Governor to act on the aid and advice of the Council of Ministers except when he decides to refer the matter to the President for final decision. ● The Court further ruled that - The Constitution has mandated a federal balance wherein independence of a certain required degree is assured to the State Governments. ○ As opposed to centralism, a balanced federal structure mandates that the Union does not usurp all powers and the States enjoy freedom without any unsolicited interference from the Central Government with respect to matters which exclusively fall within their domain.” ● The remaining issues of governance, especially in the matter of control over Delhi government servants, was remitted to two judges of the Court for further adjudication. ● In 2019, there was a difference of opinion recorded in separate judgments by the two judges and the matter awaits hearing before a larger Bench. The consequences ● It is against this convoluted historical and legal background that we must assess the Central government’s justification that “In order to give effect to the interpretation made by Hon’ble Supreme Court in the aforesaid judgments, a Bill, namely, the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 seeks, inter alia, to clarify the expression ‘Government’, ….consistent with the status of Delhi as a Union territory to address the ambiguities in the interpretation of the legislative provisions.” ● The Bill effectively reduces the elected government to a mere vestigial organ and elevates the centrally appointed LG, to the position of a Viceroy with plenipotentiary powers. ● Simply put, the elected government in Delhi can do nothing, if the LG does not permit them to so do.
● It provides that, “The expression ‘Government’ referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.” ● It further provides that “...before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, ...under any law in force in the Capital, the opinion of Lieutenant Governor ...shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor.” Unrepresentative administration ● If the Bill is passed by both Houses of Parliament, as it seems so, it will be a case of the unelected tail wagging the elected dog. ● The population of Delhi which counts among the highest in the world, will have an unrepresentative administration. ● It will be ruled by an appointed LG, who can only be changed if the rest of the country, decides to change the Central government. ● There can be no recourse to the ballot box to hold to account an unelected, centrally appointed government functionary. ● It is quite likely that the amendment act will end up being challenged in the constitutional courts. ● The Supreme Court has already cautioned - Interpretation cannot ignore the conscience of the Constitution. ● That apart, when we take a broader view, we are also alive to the consequence of such an interpretation. ● If the expressions in case of difference and on any matter are construed to mean that the Lieutenant Governor can differ on any proposal, the expectation of the people which has its legitimacy in a democratic set-up, although different from States as understood under the Constitution, will lose its purpose in simple semantics.
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