NEW DELHI: The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, included for consideration and passage in the current session of Parliament, is all set to revive the power tussle between the Union and state governments. The face-off began in 2015 after Arvind Kejriwal was swept to power in Delhi with a huge majority, and culminated on July 4, 2018 when the Supreme Court drew the power lines by decreeing that the city’s lieutenant governor, the representative of the central government, was bound to function with the aid and advice of the council of ministers.
This verdict was a watershed moment for the Aam Aadmi Party government because the concurrence of the LG was no longer required for administrative issues, except those dealing with land, police and public order, which remained under the LG’s jurisdiction. The state government had often accused the LG of obstructing its many projects, but with the court granting it leeway, it initiated numerous schemes in a short period, which played a major role in the party's consecutive return to power in 2020.
The post-July 2018 period has been conflict-free, barring the occasional confrontation between the two power centres over administrative matters like appointment of special public prosecutors. The thaw also improved the relationship of the elected government with the bureaucrats and quickened decision making and delivery.
The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, which aims to give more power to the LG, may put this peace at peril. Central government sources stated that the amendments are meant for “better governance” of the capital and to reduce potential conflicts. They propose to clearly enunciate the functions of the council of ministers and the LG. AAP, however, believes that the Bill gives unlimited powers to the LG and thus will subvert the mandate of a government democratically elected by the people of Delhi.
There are apprehensions that the Bill will set off a fresh round of animosity, the sort that marked the first few years of AAP’s second stint in power. The differences began mostly in April 2015, with the LG demanding to see the files and chief minister Arvind Kejriwal telling bureaucrats not to bother the office of the LG with all the files. The then LG Najeeb Jung hit back by directing ministers and government officials to refer all files to his office.
Among the jousting points were the appointment of acting chief secretary Shakuntala Gamlin by Jung. Kejriwal was opposed to his administrative move, and soon the gloves were off in a battle that continued to take on bizarre dimensions with every administrative twist and turn. A senior IAS officer, for example, was astounded to find his office in Delhi Secretariat locked when he came for work, apparently on the orders of the AAP government. When the turf war worsened, both the LG and Kejriwal knocked on the President’s door for clarity on the power structure.
To settle the ambiguity, the Centre issued a notification clipping the wings of the AAP government. The war continued nevertheless, and bureaucrats found themselves caught in the crossfire. In December 2015, many officials went on mass leave to protest the alleged harassment of officers caught between the state and Union governments. Apart from governance, the biggest casualty of this dissonance was the morale of the bureaucrats.
The situation exploded in February 2018 after Anshu Prakash, the then chief secretary, accused AAP MLAs of assault at a meeting at Kejriwal’s residence. This triggered protests by the IAS association and Delhi government officials and continued for some time. In June, complaining that the bureaucrats were not attending meetings called by ministers, the CM and four cabinet colleagues sat on a dharna in the LG’s office for nine days, seeking both the end to the crisis and approval for some government schemes. Soon after, the SC verdict largely settled the power tussle.
In February 2019, there was a two-judge bench split verdict on finer issues of division of power, such as the prerogative to transfer and post IAS and administrative officers, but this did not change in the status quo in the power structure.