Toxicity Of The System Paralysing Delhi: Article 239AA needs change?

Drama and Dharna go hand in hand simultaneously with each other in Delhi because of the system. It won’t be hard to fathom Collateral Damage here, Delhiites being the greatest sufferer due to policy paralysis and repeated logjams in the executive machinery under the Chief Minister and his cabinet is also due to complete non-cooperation among various agencies coming under different political parties followed by constant web slinging.

All of this is happening in the National Capital of India. Perceptively, a capital should have the model governance system, which could inspire all other States to follow suit in a democracy and semi-federal governance system like India. The capital is paralysed due to the toxicity of the system.

Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through 69th constitutional amendment by the Parliament, thereby providing Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concerns to common man. That’s when Delhi was named as National Capital Region (NCT) of Delhi.

There is no doubt that common men of Delhi are the sufferer on various counts; but we need to examine whether there is a role of Article 239AA of the Constitution in such suffering. With no political axe to grind, the relevant provisions of Article 239AA must be understood in true sense.

As per Article 239AA – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws for NCT of Delhi.

Further, for Offences against laws, Jurisdiction & powers of Courts (except SC) and Fees (except court fees) so far as they relate to Public Order, Police & Land in NCT of Delhi; Central Government would have power to make laws, the Council of Ministers (i.e. CM and his Ministers) are elected to aid and advise the LG in the exercise of his functions in relation to matters with respect to which the Legislative assembly has power to make law. Therefore, in respect of Public Order, Police & Land – LG would not need aid and advice from the Council of Ministers. For other matters enumerated in the State List, this arrangement would prosper a bit.

As per the arrangements of governance as provided under Article 239AA appears to have failed to fulfil the objective, i.e. “to deal with matters of concern to the common man”.

In the past, problems, such are being faced today, were not that critical especially when same parties ruled at the Centre and in Delhi. However, different parties are at the helm today and they are at loggerheads, for each’s own political gains. But to my mind worst is yet to come. Now consider a situation, when 3 different political parties are in control at the Centre, Delhi State & MCDs. I bet that would be the worst ever time, Delhiites would ever imagine.

We need to mould our laws as per our needs. Worldwide it is a usual phenomena that Capitals of countries are under the control of Central Government in a Federal Structure.

Though it is another question as to whether such measures would be able to arrest pollution, but at least an objectivity is attached to the whole process to see things as they are and finding new and effective solutions.

Similarly, Art.239AA appears to be as a failed experiment; which needs to be re-examined as per the need, and either suitable amendments should be incorporated in it to make it work fruitfully for Delhiites or it should be struck off. In its present form, it has only brought pain to the common man of Delhi.