Q1. Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of Indian federal politics?

Model Answer:

Introduction

 The 69th Constitutional Amendment Act, enacted in 1991, aimed to redefine the governance structure of Delhi by designating it as a Union Territory with a Legislative Assembly. This amendment was significant in granting Delhi a degree of autonomy, allowing it to have its government and legislature while retaining the authority of the Central Government through the office of the Lieutenant Governor (LG).

Body

Essentials of the 69th Constitutional Amendment Act

1. Legislative Assembly: The amendment established a Legislative Assembly for Delhi, empowering it to legislate on certain matters while the Central Government retained jurisdiction over others, particularly those concerning law and order, land, and public services.
2. Elected Government: It allowed for an elected government to function under the Chief Minister, fostering a semblance of democracy in governance.
3. Role of the Lieutenant Governor: The LG serves as the representative of the President of India, holding significant powers including the authority to advise the government, summon or dissolve the assembly, and approve legislation.

Anomalies and Conflicts

Recent conflicts between elected representatives and the LG's office have stemmed from ambiguities in the amendment regarding the division of powers. Key issues include:

• Decision-Making: The LG has often been perceived as overstepping its authority by refusing to implement decisions made by the Delhi government, particularly in areas where the assembly has legislative power.
• Administrative Control: Disputes have arisen over control of services, as the LG has claimed jurisdiction over administrative appointments, undermining the elected government’s authority.

Implications for Indian Federal Politics

The ongoing tension between the Delhi government and the LG could herald a new trend in Indian federal politics, characterized by:

• Increasing Central Intervention: If the central government continues to assert dominance over state-level elected bodies, it may set a precedent for similar governance styles in other states, undermining federal principles.
• Erosion of Democratic Norms: The conflict can lead to a perception of diminished democratic values, where elected representatives are unable to exercise their mandate effectively.

‍Conclusion

‍In conclusion, the 69th Constitutional Amendment Act was intended to enhance local governance in Delhi but has instead highlighted critical challenges in federal dynamics. The ongoing conflicts between the Delhi government and the LG could indeed reshape the landscape of Indian federalism, demanding careful consideration of the balance between state autonomy and central oversight.

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