Government of Delhi explained

Government Name:Government of the National Capital Territory of Delhi
Nativename: (राष्ट्रीय राजधानी क्षेत्र दिल्ली सरकार)
Date: (in its current form)
Division Type:Seat
Division:New Delhi, India
Country:India
Branch2:-->
Members In Assembly:70
Meeting Place:Old Secretariat, Delhi, India
Leader Type:Lieutenant Governor
Leader Title:Vinai Kumar Saxena
Leader Type2:Chief Minister
Leader Title2:Atishi Marlena
Leader Type3:Deputy Chief Minister
Leader Title3:Vacant
Branch4:Judicial branch
Court:Delhi High Court
Chief Justice Label:Chief Justice
Seat:New Delhi, India
Extra Courts Label:Subordinate Courts
Extra Courts:

The Government of Delhi, officially the Government of the National Capital Territory of Delhi (GNCTD; ISO:) is the governing body of India's National Capital Territory of Delhi, whose urban area is the seat of the Union Government. It also governs the city or local governments in the area as per the 74th Constitutional Amendment Act.[1] [2] [3]

Union Territories are governed directly by the Union Government. There are a few exceptions, such as Delhi and Puducherry which also have their own elected governments with some limitations.[4]

In May 2023, a Supreme Court verdict ruled that the Government of Delhi has power over all administrative services, including the Indian Administrative Service (IAS), except police, land and public order, and the Lieutenant Governor shall exercise power under the administrative role.[5]

In May 2023, the Supreme Court delivered a landmark verdict affirming that the Government of Delhi holds authority over all administrative services, including the Indian Administrative Service, with the exception of police, land, and public order, while limiting the Lieutenant Governor's role to matters under these specific domains. However, just days after this judgment, the Central Government circumvented the ruling by issuing an ordinance to establish the National Capital Civil Services Authority in Delhi. This ordinance effectively reasserts the Central Government's dominance by designating the Chief Minister of Delhi as the head of the authority, with the Chief Secretary and Home Secretary—both reporting to the Central Government—as members. The authority’s primary function is to control the transfer and posting of Group 'A' officers and DANICS officers in the Delhi government, undermining the Supreme Court's recognition of Delhi's autonomy over its administrative services.[6] [7]

Local governments

The local or city government is headed by the mayor. The Municipal Corporation of Delhi handles civic administration for the city, and has one mayor.

Heretofore the Municipal Corporation of Delhi was trifurcated into three bodies: the North Delhi Municipal Corporation, the South Delhi Municipal Corporation, and the East Delhi Municipal Corporation in 2012.[8] [9] They were reunified on 22 May 2022.[10]

The Delhi Cantonment Board operates as an independent municipal authority within the city of Delhi. As stipulated by the Cantonment Board Act of 2006, cantonment boards are designated as municipalities and are governed directly by the Ministry of Defence. This grants the Delhi Cantonment Board jurisdiction over its area, separate from the governance and administrative framework of the Delhi government.[11]

Government of NCT of Delhi

The Chief Minister and lieutenant Governor are the heads of the Government. The government consists of the legislative wing, namely the Legislative Assembly of Delhi, which is unicameral, consisting of 70 members of the legislative assembly.

History

The Legislative Assembly of Delhi was first constituted on 17 March 1952 under the Government of Part C States Act, 1951, but it was abolished on 1 October 1956. The legislative assembly of Delhi was re-established on January 2, 1992, following the enforcement of the Constitution (Sixty-ninth Amendment) Act, 1991, and the subsequent Government of National Capital Territory of Delhi Act, 1991. The Sixty-ninth Amendment formally renamed the Union Territory of Delhi as the National Capital Territory of Delhi, granting it a unique status with its own legislative assembly..[12]

The maiden chief minister of Delhi was Chaudhary Brahm Prakash Yadav of the Indian National Congress, whereas the first woman chief minister was Sushma Swaraj (BJP). Sheila Dikshit (INC) has been the chief minister for the maximum number of terms (three) and served for the longest duration (15 years). Guru Radha Kishan (CPI) had the rare distinction of representing his constituency in the Municipal Corporation of Delhi for most years continuously by an individual and Chaudhary Prem Singh (INC) has won the maximum elections for different civic bodies in Delhi.

Central Government

The Lieutenant Governor of Delhi is appointed by the President of India,[13] as the agent of President and head of state like governor, on the advice of the Central government. This state government is called the Government of the National Capital Territory of Delhi (Government of NCT of Delhi or simply Government of Delhi). It consists of an executive, led by the Lieutenant Governor of Delhi, a judiciary and a legislature.

Centre versus State

The Supreme Court of India in Government of NCT of Delhi v. Union of India ruled that according to the Article 239AA of the Indian constitution, that although the government had to keep him/her informed of its decisions, Delhi's lieutenant governor did not have any independent decision-making powers and had to follow the "aid and advice" of the chief minister-led council of ministers of the Government of Delhi on matters which the Delhi Legislative Assembly could legislate on, viz., all items on the State List (items on which only state legislatures can legislate) and the Concurrent List (items on which both the Parliament of India and the state legislatures can legislate) barring 'police, 'public order' and 'land'.[14] [15] [16] [17] [18] [19] The court added that on matters referred to him/her, the LG was bound to follow the orders of the president.

Judiciary

The Delhi High Court has jurisdiction over Delhi, which also has two types of lower courts: the Small Causes Court for civil cases, and the Sessions Court for criminal cases. Like other Union territories, the Delhi Police reports to the Ministry of Home Affairs, Government of India and not the government of NCT of Delhi. Headed by the Police Commissioner, it is one of the largest metropolitan police forces in the world.[20] The headquarters of Delhi Police are located Jai Singh Marg, Connaught Place, New Delhi.

See also

Notes and References

  1. News: Idiculla. Mathew. 2018-06-14. The missing tiers. en-IN. The Hindu. 2020-07-02. 0971-751X.
  2. Web site: The Constitution (Seventy-fourth Amendment) Act, 1993 National Portal of India. 2021-10-25. www.india.gov.in.
  3. Web site: Delhi assembly note on 69 amendment of act 1991 with new article 239 AA and 239 AB. 25 October 2021. delhi assembly.
  4. Web site: August 5, 2019. What is the difference between a state and a union territory?. 2020-07-02. India Today. en.
  5. News: Staff . The Wire . Delhi Govt Has Legislative Powers Over Services Except Police, Public Order, Land: SC . 2023-05-11 . . 2023-05-11.
  6. Web site: 2023-05-20 . Centre creates National Capital Civil Service Authority for transfer, posting of Group A officers in Delhi . government.economictimes.indiatimes.com.
  7. Web site: 2023-05-20 . Delhi Govt vs Centre Central Government Issues Ordinance Providing LG Powers Over "Services" In GNCTD . livelaw.in.
  8. Web site: 2017-03-24. Department of Law, Justice & Legislative Affairs. https://web.archive.org/web/20170324174340/http://delhi.gov.in/wps/wcm/connect/DOIT_LAW/law/our+services/the+delhi+municipal+corporation+(amendment)+act+2011(delhi+act+12+of+2011). dead. 2017-03-24. 2020-07-02.
  9. Web site: 2012-04-19. Baffling situation of one city, three mayors. 2020-07-02. Hindustan Times. en.
  10. News: 2022-05-22 . Delhi's unified municipal corporation formally comes into existence . 2024-03-29 . The Economic Times . 0013-0389.
  11. Web site: 2014-05-31. The Cantonments Act, 2006. dead. https://web.archive.org/web/20140531124052/http://www.cbdelhi.in/Documents/ca2006.pdf. 31 May 2014. 2020-07-02.
  12. http://indiacode.nic.in/coiweb/amend/amend69.htm The Constitution (Sixty-ninth Amendment) Act, 1991
  13. Web site: The Constitution of India.
  14. News: Roy. Shreyashi. July 4, 2018. Can Statehood for Delhi Solve the LG vs AAP Power Tussle?. The Quint. September 24, 2018.
  15. News: Rajagopal. Krishnadas. Singh. Soibam Rocky. July 4, 2018. Lieutenant Governor bound by 'aid and advice' of elected Delhi govt., rules Supreme Court. The Hindu. N. Ram. New Delhi. September 24, 2018. 0971-751X. 13119119.
  16. News: Mustafa. Faizan. July 5, 2018. Delhi power tussle: Between the Supreme Court's lines. The Indian Express. Indian Express Group. New Delhi. September 24, 2018. 70274541.
  17. Web site: July 4, 2018. TT Bureau. Supreme Court to Delhi LG: Don't play decision-maker or obstructionist. September 24, 2018. The Telegraph. 271717941. Agencies.
  18. Web site: Prakash. Satya. July 4, 2018. SC verdict on power tussle in Delhi explained. September 25, 2018. The Tribune.
  19. News: July 4, 2018. Supreme Court verdict on AAP government vs Delhi LG: Key points. The Times of India. Bennett, Coleman & Co. Ltd.. September 25, 2018. 23379369.
  20. Web site: History of Delhi Police. dead. https://web.archive.org/web/20061207074711/http://www.delhipolice.nic.in/home/history1.htm. 7 December 2006. Delhi Police Headquarters, New Delhi, India.