Subject: Indian Polity

The 69th Constitutional Amendment Act, 1991 marked a significant milestone in Delhi's administrative framework, transforming it from a Union Territory to the National Capital Territory (NCT) with enhanced democratic features, yet its implementation has sparked recurring conflicts between elected representatives and the Lieutenant Governor.

Key Provisions of 69th Amendment Act

• Introduction of Article 239AA establishing a 70-member Legislative Assembly and a Council of Ministers headed by the Chief Minister for Delhi.
• Creation of the position of Lieutenant Governor (LG) as the administrative head, appointed by the President.
• Granted special status to Delhi with legislative powers over all matters in the State List except public order, police, and land.
• Established a democratic framework while maintaining central oversight through the LG.

Sources of Conflict

• Ambiguity in Power Distribution: Lack of clear demarcation between the powers of elected government and LG leading to administrative paralysis.
• Services Matter Controversy: Recent Supreme Court ruling granting Delhi government control over services, except for specified domains, challenged traditional power dynamics.
• Enhanced LG Powers: The September 2024 notification expanding LG's authority for direct control from President, bypassing Union Home Ministry, intensified tensions.
• Administrative Overlap: Dual control structure creating operational challenges in day-to-day governance.

Impact on Federal Politics

• New Federal Template: Delhi's unique administrative model could influence governance patterns in other Union Territories.
• Centre-State Relations: Growing tensions highlight the need for clearer constitutional provisions on power-sharing.
• Judicial Intervention: Increased role of judiciary in interpreting federal provisions, as seen in the Supreme Court's interpretation of Article 239AA.
• Democratic Accountability: Questions about balancing central oversight with local democratic aspirations.

The ongoing Delhi governance model has emerged as a testing ground for Indian federalism, where the principle of collective responsibility meets the imperatives of national capital administration. The resolution of these conflicts could potentially shape a new cooperative federalism framework, balancing regional autonomy with national interests in India's evolving federal structure through mechanisms like the Inter-State Council and NITI Aayog's initiatives.