April 11, 2021
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Amendments to the NCT Delhi Act: Attack on Federalism

Rajeev Kumar Kunwar

THE BJP-led central government's pushing of four amendments to the NCT Delhi Act 1991, first in Lok Sabha and then in Rajya Sabha, is not only a murder of democracy, but is a brute attack on India's federal structure, using the parliamentary majority.

The RSS-BJP combine has made repeated such decisions during its last two regimes that have pushed our federal structure into a dilapidated structure. The Planning Commission was dismantled immediately after the formation of NDA government in 2014 and later the GST was forcefully implemented. State governments were made completely dependent upon the centre through both these steps. Things didn't stop at this. BJP governments were made by buying opposition MLAs in states where it was not able to form governments. In states where this couldn't happen, rights of the respective state governments were snatched forcefully. This was witnessed earlier in Jammu & Kashmir; and now we are seeing the same in Delhi. The amendments made in the NCT Act of 1991 demonstrate the authoritarian and undemocratic attitude of the central government; and in one go these amendments have made the entire administration of Delhi subservient to the centre.

These amendments have been brought by citing the Supreme Court orders of July 4, 2018 and February 14, 2019. However, these amendments go completely against the heart of these orders since the Supreme Court in both the instances had underlined that LG is bound by the "assistance and suggestions" of the elected state government. Section 21 of the Act now says that "government" at all points of the original 1991 Act shall mean "lieutenant governor". This is going to have far reaching implications. Contrary to Justice Chandrachud's clear directions, section 44 has now changed "any issue" to "all issues". In concrete terms, this means that the state government will have to seek permission of the lieutenant governor on all issues.

It is true that Delhi doesn't have the power of full statehood like other states. Delhi was made into National Capital Territory (NCT) through 69th constitutional amendment in 1991. Sections 239AA and 239 AB were brought in the constitution for NCT of Delhi after the 69th amendment. A provision for legislative assembly of 70 members and a ministerial cabinet of seven members was made for the NCT of Delhi. Among the nine union territories, Delhi is known as the NCT of Delhi and apart from Delhi all other UTs are governed by section 239 of the constitution. Now, after these amendments, Delhi hasn't remained even like other UTs. Earlier Delhi assembly could make laws on all matters barring law and order, police and land. There have been numerous instances of conflict between the Delhi and central governments on these issues, and that's why the people of Delhi have been demanding full statehood. Both the Congress and the BJP have been promising at different points of time that full statehood shall be granted if their government comes at the centre with absolute majority.

The very same BJP has backtracked from its oft-repeated promise and has thereby betrayed the people of Delhi. The design to minimise the powers of an elected state government with already few powers is an insult to the people of Delhi. These amendments, apart from being part and parcel of the authoritarian march of the Modi government, also form a part of the increasing assault on the federal structure of the country.

The Delhi state committee of the CPI(M) has demanded that amendments passed in the parliament, which throttle the rights of Delhi government, be withdrawn immediately. CPI(M) has reiterated its demand of full statehood for Delhi and has appealed to the people of Delhi to unite against this attack which has left an elected state government to the mercy of whims and fancies of the lieutenant governor.