THE HINDU EDITORIAL

0
11

​Under overlords: On Centre-Delhi government relations

Supreme Court ruling on aldermen shows Delhi’s vulnerability to Centre’s dominance

Tracing the nature of the appointing power to the Delhi Municipal Corporation Act, 1957, as amended in 1993, a law enacted by Parliament, the Court noted that the Act identifies different authorities, each with distinct roles. While the Administrator was empowered to nominate 10 persons with special knowledge, the Speaker could nominate some legislators to serve on the Corporation by rotation. And that this showed that it was an independent statutory power. A Constitution Bench had sought in 2018 to lay down a framework to avoid escalation of issues arising from differences of opinion between the L-G and the Chief Minister. Such differences, as well as political acrimony between the ruling Bharatiya Janata Party at the Centre and the Aam Aadmi Party in Delhi, have been the principal driving force behind multiple conflicts and legal tussles over governing Delhi. However, in the ultimate analysis, it is the Centre that enjoys the final say. As the latest verdict on aldermen shows, the Constitution allows Parliament power to enact laws in respect of any matter on which the Delhi Assembly has jurisdiction, unlike other States which have an exclusive legislative domain. Parliament can also amend or supersede any law made by the Delhi Assembly. As legislative and executive powers are coextensive, this effectively means that the Delhi government can be undermined in any way the Centre wants.