NEW DELHI:
Amidst mounting tensions between the Government of National Capital Territory of Delhi (GNCTD) and the central administration, Delhi’s governance faces unprecedented challenges. The GNCTD contends that the courts of the country are the last resorts, given, officers don’t follow ministers’ directives, and even the Lieutenant Governor (LG) doesn’t take requisite actions against such officers. The GNCTD asserts that despite the Supreme Court’s allocation of ‘services’ to the elected Delhi government, the Centre’s GNCTD Amendment Act has eroded these powers, defying the Apex Court’s decisions. Furthermore, the government affirmed that the Centre-appointed officers are ignoring ministerial directives and the LG of neglecting ministerial appeals. Bureaucratic impasses have halted crucial initiatives including DJB funds, the Farishtey Scheme, Bus Marshals, and Smog Towers, leaving Delhi’s two crore residents in limbo. The government bemoans bureaucratic delays as files languish without response, exacerbating an already tumultuous administrative landscape.
It’s quite unfortunate that attempts are being made to encroach the jurisdiction of the Government of National Capital Territory of Delhi (GNCTD). The Supreme Court of the country has clearly ruled in the favor of the elected government of Delhi. The Supreme Court, in a resounding unanimous decision by a 5-Judge Bench, affirmed the authority of the Delhi government to manage ‘services’ and oversee the day-to-day affairs of the National Capital Territory (NCT). Highlighting the crucial federal framework outlined in Article 239AA for Delhi, the Apex Court unequivocally decreed that the democratically elected NCT government must not be stripped of its legislative and executive prerogatives by the central government.
The Supreme Court clearly stated that NCTD has a democratically elected government which is accountable to the people of NCTD. The NCTD cannot be subsumed as a unit of the Union. In the spirit of cooperative federalism, the Union of India must exercise its powers within the boundaries created by the Constitution. NCTD.
Callously, only days after the Supreme Court ruled that the elected government of Delhi will have powers over all services except those pertaining to police, public order and land. The Central Government promulgated an ordinance invoking the president’s special powers and then passed the GNCTD Amendment Act to overturn the Supreme Court’s rule. By this amendment, Centre-appointed bureaucrats gained the authority to override decisions made by the elected chief minister. Despite Delhi’s incomplete statehood status, this Bill undermines the core principles of electoral democracy in the capital, thereby compromising the foundational tenets of the Indian Constitution, in addition to contravening a ruling by the Supreme Court.
Since the amendment no action is being taken by centre appointed bureaucracts , files of public interest of 2 crores Delhiites, being kept at the mercy of officers for indefinite times. The officers don’t even obey the instructions of elected representatives (ministers), even after repeated directions. There are many instances of such unfortunate incidents, the Delhi Jal Board funds had been stalled for months which created “man made” water crisis in the national capital. The hellbent bureaucracy stopped ‘Farishtey Schemes’. We’re forced to knock on the doors of the Supreme Court for even minuscule things.
To curb the problem of pollution in Delhi during winters, we decided to install smong towers as. But the centre appointed bureaucrats stalled the smog towers, we were forced to go to the Supreme Court in the interest of Delhiites and the court ruled in the elected government’s favour again.
Whenever we solicit the requisite intervention flagging concerns regarding inaction or non-cooperative bureaucracy to the Lieutenant Governor (LG), the LG doesn’t take action. When we are left with no other choice then we knock on the doors of the Supreme Court in the interest of 2 crore Delhiites. It’s our moral obligation, being elected representatives, to ensure no shortcomings and inefficacy to the citizens of Delhi. We have been knocking on the Supreme Court’s doors for the pursuit of the same. We’re sincerely grateful to the Supreme Court’s issues decrees in the interest of Delhiites whenever we knock on the Court’s doors.
