This article provides a comprehensive review of the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, and explores the multifaceted aspects surrounding the governance of Delhi. It examines the evolution of Delhi and its conferred status as the national capital, highlighting the significance of conferring special status to the National Capital Territory of Delhi. The provisions of the bill itself are analyzed, shedding light on the implications and controversies they have generated.

Drawing on the Balakrishnan Committee Report of 1987, the article discusses the principles of representative governance and the need for a balanced relationship between the Lieutenant Governor (LG) and the elected government. The legal controversy between the LG and the Delhi government over the GNCTD Act is thoroughly examined, exposing the complexities and tensions inherent in the governance structure.

The article underscores the importance of constitutional morality and constitutional objectivity in addressing the issues surrounding the bill. It emphasizes the significance of upholding democratic principles while ensuring effective governance and accountability. The article also calls for a careful evaluation of any amendments to the existing framework, keeping in mind the principles of representative governance and the spirit of the Constitution.

In conclusion, the article advocates for a harmonious governance structure in Delhi that promotes cooperation, transparency, and efficient decision-making. It highlights the need for an inclusive and informed dialogue among policymakers and stakeholders, considering the historical context, the unique position of Delhi, and the aspirations of its residents.

Introduction
The Indian Constitution's Preamble declares that India is a Democratic Republic and that its people, who are the sovereigns, have the authority to choose the leaders who will represent and translate their collective will into laws and policies. India has adapted the parliamentary form of government, with ministerial responsibility to the popular house at both the Union and State levels, in accordance with the UK Constitution. However, our federal system of governance differs in that it leans somewhat to the centre.

Part VIII of the Constitution is about the management of the Union territory and special provisions with regard to our National Capital, Delhi, under a parliamentary form of government. The conflict between the Chief Minister of Delhi and the Lt. Governor of Delhi stems from the special status accorded to our National Capital under Article 239AA of Part VIII of the Indian Constitution.

The Supreme Court established a precedent in this regard in the case of Government of NCT of Delhi vs. Union of India & Others[1]but recently the federal government passed the NCT of Delhi (Amendment) Act, 2021, which redefined the balance of power between the Delhi government and the centre.

In this post, I'll go into more detail on the National Capital Territory of Delhi's special status, the legal precedent relating to the conflict that resulted from that status's issuance, and current developments in that regard.

Evolution Of Delhi And Its Conferred Status

Delhi was chosen as India's capital in 1911. The commissioner oversaw the separation of Delhi Tehsil and Mehrauli Thana from Punjab and its annexation to Delhi. The Delhi Laws Act of 1915 gave the chief commissioner of Delhi the authority to specify how laws should be applied by publishing the necessary notification in the Indian Gazette.

According to Subramaniam S (2014), Delhi was kept as a region under central administration by the Government of India Act 1919 and the Government of India Act 1935. Pattabhi Sitarmayya brought up the question of Delhi's statehood for the first time in the constituent parliament in 1947.

Examining the Reorganisation Commission's, also known as the Fazal Ali Commission, history resulted in the Indian Constitution's passage, which proclaimed India to be a "Union of States." In 1950, Delhi was designated as a Part C state, granting the legislative assembly the authority to enact laws on all topics included in list 2 of the seventh schedule of the Constitution (state list), with the exception of those pertaining to public order, law enforcement, local municipal authority, and land. Additionally, the State Reorganisation Act of 1956 was put into effect by the Constitution of India (Seventh Amendment) Act of 1956, and Delhi was become a Union Territory.

The Government of Union Territories Act of 1963 was passed to establish legislative councils and assemblies, but they were not implemented. The Balakrishnan committee was established in 1987 and said that "the Status of Delhi is not of a full-fledged state." The Delhi Legislative Assembly was then reinstated in 1993 as a result of the government of NCT of Delhi v. Union of India[2]case.

The union government's strategy for dealing with the Delhi state is interdisciplinary; starting with an understanding of Indian politics without focusing on "social churning" leads to a critical articulation of Indian governance and also to socio-political problems.[3]

Granting A Distinct Designation To The National Capital Territory Of Delhi

The special status to Delhi was granted by the 69th amendment Act, 1991 which inserted Article 239AA in the Part VIII of the constitution of India. The following are the provisions of the article in the light of the power of the government of Delhi and Lieutenant Governor in brief:

• The Lieutenant Governor is the person appointed in accordance with Article 239. Clause (2) of Article 239's administration of the union territory section states that the president's nominated administrator shall carry out his duties independently of the president's council of ministers. As a result, when both articles are taken into consideration, it can be claimed that the Lieutenant Governor, who is designated as the administrator under Article 239AA (1), has the authority to act without consulting the Council of Ministers.
   
• For all topics included in the State List and Concurrent List, with the exception of Entries 1, 2, 18[4](public order, police, and land), as well as Entries 64, 65, and 66[5]thus far, the Legislative Assembly shall have the authority to enact legislation for any portion or the all of the Delhi area.
   
• Any provision of a law enacted by the legislative assembly, which conflicts with a provision of a law enacted by the parliament on the same or a related subject matter, whether passed before or after the legislative assembly's law, shall be deemed invalid to the extent of the conflict. In the event that a legislation enacted by the legislative assembly receives the president's approval, it will supersede any laws enacted by the parliament.[6]
   
• The parliament has the authority to create, amend, or repeal any law for the same subject matter as that of the Legislative assembly, regardless of the aforementioned proviso.

The Provisions Of The Government Of National Capital Territory Of Delhi (Amendment) Bill, 2021

On March 15, 2021, the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, was presented in the Lok Sabha. The Delhi National Capital Territory Act of 1991 is amended by the bill. The Act establishes a foundation for the Legislative Assembly's and Delhi's National Capital Territory (NCT) government's operations. The Legislative Assembly's and the Lieutenant Governor's duties are altered under the Bill.[7]

• It altered the NCT of Delhi Act 1991's sections 21, 24, 33, and 44.
• The ordinance has amended Section 41 of the GNCTD Act, which previously outlined the "discretionary powers of the LG," by explicitly stating that the matters mentioned within the section will be under the "exclusive discretion" of the LG. This encompasses the decisions made by the LG under the new provisions introduced in Part IV A of the GNCTD Act, which establish guidelines for maintaining a democratic and administrative balance in the governance of the National Capital Territory of Delhi.
• If there is a disagreement between the council of ministers and the lieutenant governor, they must bring the issue to the president for decision and follow his or her instructions.
• The Lt. Governor will manage the state with the help and counsel of the council of ministers.
• Article 239AA of the Constitution, which limits the Delhi legislature's ability to enact laws, governs the NCT of Delhi.
• According to article 239AA, neither the elected legislature of the NCT of Delhi nor the Lt. Governor of Delhi, who is chosen by the President, may pass legislation pertaining to entries 1, 2, and 18 of the state lists, or to public order, law enforcement, and land.
• As per Article 239AB, the President has the authority to temporarily halt the enforcement of any provision of Article 239AA if the President receives a notice from the lieutenant governor or otherwise concludes that the governance of the national capital territory cannot be conducted in alignment with the provisions of Article 239AA, or any legislation established under that article.
• NCT legislature, on the other hand, itself, gives Delhi a special status under art 239AA.
• The provisions of this act in nature are discriminatory towards the power stake of the elected Government of NCT of Delhi.

Balakrishnan Committee Report 1987

According to the 1987 Balakrishnan Committee Report, allowing two governments to administer Delhi would result in conflict and might be detrimental to the interests of the country. The report also stated that if Delhi is given the status of a state, the union's legislative authority will be restricted to only emergencies, which will discourage them from fulfilling their obligation to care for the nation's capital and limit their ability to act in the national interest.

It also made clear that the administrator, the Lieutenant Governor, is solely subject to the assistance and counsel of the council of ministers with regard to topics over which they have legislative authority and not with regard to any judicial or quasi-judicial powers.

The report made clear that the Lieutenant Governor actively participated in running the capital, stressing that the position is more than just a constitutional figurehead and that the President should be consulted in the event of a disagreement between the Government and the Lieutenant Governor.[8]

Principles Of Representative Governance

One feature of democratic administration is representative governance, in which the citizens of a country or a state may select the representatives they want to represent them. The representatives enact a number of laws and policies that reflect the desires of the populace. As a result, our constitution establishes a parliamentary system of government where the federal, state, and municipal governments all adhere to the idea of representative government. By voting via the adult franchise, these principles allow the nation's citizens to exercise sovereign authority.

Constitutional Morality And Constitutional Objectivity

The idea of Constitution Morality, a work of judicial creativity, has been mentioned in numerous judgements, including Kesavananda Bharti, SP Gupta Case, Sabarimala, Navtej Singh Johar Case, etc., which enables all the executive and legislative bodies to act in adherence to fundamental constitutional principles enshrined in our written constitution.

Similarly, constitutional objectivity may be thought of as the checks and balances that governments' executive and legislative branches must follow. In other words, it is possible to assert that the government always upholds the constitution when acting in its official capacity.

The Legal Dispute Between Lg And Delhi Government Over The GNCTD Act

According to the Union Government, article 239 grants the Lieutenant Governor the power to make decisions without consulting his council of ministers because New Delhi is a union territory. The Delhi State Government stated that because Delhi has its own legislatively elected government, Delhi is given a special status under Article 239AA of the Constitution. As a result, there is disagreement concerning the administrative jurisdiction of the LG (Union) and state government of the NCT of Delhi.

The five-judge bench under Government of NCT of Delhi v. Union of India & others[9], 'Chief Justice Dipak Mishra, Justices DY Chandrachud, A.M. Khanwilkar, Ashok Bhushan and AK Sikri upheld that the LG is bound by the 'aid and advice of the councils of ministers and held 'cabinet form of government' to be a basic feature of the Constitution, and cited the principle of 'collective responsibility to support the stance. There is a jurisdictional disagreement between the Government of the NCT and the union government, represented by the lieutenant governor, as a result of the coexistence of Articles 239 and 239AA.

Despite the fact that the judgement did not very clearly define the matters in respect of which the Lt. governor can refer a Council of Ministers decision to the President in the event of a disagreement between LG and the state government, Article 239AA (4) permits LG to reserve "any matter" regarding only "vital national interest" in genuine and exceptional circumstances.

By examining the modified Section 41 and the newly introduced Section 45H together, it can be understood that any objections raised by the LG regarding the decisions of the NCSSA (National Capital Territory of Delhi State Civil Services Authority) concerning the transfer, posting, vigilance, and other matters related to Group A officials will now be solely at the discretion of the LG.

This effectively reverses the previous Supreme Court ruling, which stated that decisions pertaining to transfer, and postings would be made by the Elected Government and the LG, with the aid and advice of the Elected Government.

With the majority of senior bureaucrats in the NCSSA and the LG possessing sole discretion in cases of disagreement, the elected government of Delhi would have no authority in matters related to transfer postings, discipline, vigilance, and similar issues concerning Group A officials belonging to the All-India Services and DANICS (Delhi, Andaman and Nicobar Islands Civil Service).

Legislative limitations imposed by the GNCTD statute preclude Delhi from enacting its own legislation on topics like public order, the police, and land. It describes the boundaries of the Delhi Legislative Assembly's power. The Supreme Court's ruling swings around the apparent disagreement by embracing the concept of constitutional morality.

Conclusion: Way Forward
In conclusion, the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, is a significant piece of legislation that has sparked considerable debate and controversy. This article has delved into various aspects surrounding the bill, providing insights into the evolution of Delhi and its conferred status, the special status accorded to the National Capital Territory of Delhi, and the provisions of the bill itself.

The Balakrishnan Committee Report of 1987 played a crucial role in shaping the principles of representative governance in Delhi, emphasizing the need for a harmonious relationship between the Lieutenant Governor (LG) and the elected government. However, the recent legal controversy between the LG and the Delhi government over the GNCTD Act has highlighted the inherent tensions and complexities within the governance structure.

One key aspect that emerged from the discussion is the importance of constitutional morality and constitutional objectivity in addressing the issues surrounding the bill. It is essential to strike a balance between the powers and responsibilities of the LG and the elected government, ensuring that the democratic will of the people is respected while maintaining effective governance and accountability.

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, has sparked a broader conversation about the relationship between the LG and the elected government. It is imperative for policymakers and stakeholders to carefully consider the implications of any amendments to the existing framework and to ensure that they align with the principles of representative governance and the spirit of the Constitution.

As Delhi continues to evolve and grow, it is crucial to establish a governance structure that fosters cooperation, transparency, and efficient decision-making. This requires a comprehensive understanding of the historical context, the unique position of Delhi as the national capital, and the aspirations and rights of its residents.

Ultimately, the future of governance in Delhi rests on finding a common ground that respects the principles of democracy, upholds constitutional morality, and promotes effective administration. It is through open dialogue, informed debate, and a commitment to the welfare of the people that Delhi can navigate the complexities of its governance system and ensure a prosperous and inclusive future for all its residents.

End-Notes:

1. Government of NCT of Delhi v. Union of India & Others, (2018) 8 SCC 501.
2. Government of NCT of Delhi v. Union of India & Others, (2018) 8 SCC 501.
3. PALAK RASTOGI, Examining the Role of Power Dynamics between the Union and Delhi Government, 5 INT'l J.L. MGMT. & HUMAN. 1518 (2022)
4. Item number 1, State List, List-II, Schedule VII, The Constitution of India, 1950.
   Item number 2, State List, List-II, Schedule VII, The Constitution of India, 1950.
   Item number 18, State List, List-II, Schedule VII, The Constitution of India, 1950.
5. Item number 64, State List, List-II, Schedule VII, The Constitution of India, 1950.
   Item number 65, State List, List-II, Schedule VII, The Constitution of India, 1950.
   Item number 66, State List, List-II, Schedule VII, The Constitution of India, 1950.
6. Article 239AA(3)(b), The Constitution of India, 1950.
7. The Government of National Capital Territory of Delhi (amendment) Bill, 2021, PRS Legislative Research (2023).
8. ARSHNIT SANDHU, Power of Delhi Government vis-a-vis the Centre, LexForti Legal Journal Vol. 2, Issue no. 4 (April 2021)
9. Government of NCT of Delhi v. Union of India & Others, (2018) 8 SCC 501.