Asymmetry and Power

Context:

The Union government and the Government of the National Capital Territory of Delhi (GNCTD) have been in a constant struggle for years.

The Supreme Court has intervened multiple times to define their relationship and how the territory should be governed.

Supreme Court Latest Verdict:

- The Court ruled that the elected government has control over administrative services, but only related to the extent of its current executive and legislative powers.
- The ruling applies to all subjects under the State and Concurrent Lists, except for the three excluded ones — public order, police, and land.

- The Centre’s argument, that the subject of ‘services’ will not fall under the Delhi government’s remit due to the absence of a Public Services Commission for Delhi and the phrase “insofar as such matter is applicable to Union Territories,” was rejected.
Sui generis nature of Delhi emphasized:
- The Court’s unanimous verdict rejects the attempt to read the phrase as one that imposes an additional limitation on its legislative and executive powers.
- The Court has emphasized the sui generis nature of Delhi, so that its Union Territory status is not used to limit the role of the elected government.
Unelected administrator shouldn’t undermine representative regime:
- The five-judge Bench ruling underlines the principle that a representative regime should not be undermined by an unelected administrator.

Conclusion:

The recent Constitution Bench verdict affirmed limited involvement of the Union of India in NCTD administration, but the power struggle in Delhi will continue as long as the Centre curbs the government’s powers due to animosity towards the Aam Aadmi Party.
The persistent conflict between high functionaries ignores the need for constitutional trust. The GNCTD (Amendment) Act, 2021 aimed to enhance the Lt. Governor’s role, but its validity is being challenged in the Supreme Court, prolonging the legal tussle.