SC disrespected, federalism violated

By disregarding the Supreme Court’s warning, the Modi government has shown itself willing to do just that in its quest to concentrate vast powers within itself

The Ordinance promulgated last Friday by the Narendra Modi government to take back control of the services in the National Capital Territory (NCT) of Delhi is an affront to the May 11 order of the Supreme Court that had restored such control to the state government of Delhi. It is clearly a case of the Centre using its power to destroy the ability of a popularly elected government of an Opposition party to function. It goes against federalism.

The Centre has been in a state of constant conflict with the government of Delhi ever since the BJP suffered a humiliating defeat at the hands of the AAP in the Delhi Assembly polls in 2015. That year, the Union Home Ministry had notified that the Lt-Governor of Delhi shall exercise control over the services in Delhi. The AAP had challenged it. The May 11 order of the five-judge Constitution Bench headed by Chief Justice of India D Y Chandrachud ruled that the Delhi government has legislative and administrative powers over the services in the NCT. It was a win for federalism and for the supremacy of the people’s will in a representative democracy. It was hoped that it would put an end to the constant tussle between the Arvind Kejriwal government and the L-G of Delhi, who represents the Centre. Instead, the unseemly hurry with which the Centre has brought out the Ordinance shows that it has scant respect for the Supreme Court’s orders and even less for the principles of elective democracy and federalism.

The court had ruled that bureaucrats have to report to the elected government, except in matters related to policing, public order, and land, which belong to the Centre’s domain in the scheme of governance of the NCT. Notably, the court had cautioned that the federal system of governance and the principle of representative democracy would be abrogated if the Centre took over the executive powers of an elected government. By disregarding the Supreme Court’s warning, the Modi government has shown itself willing to do just that in its quest to concentrate vast and politically important powers within itself. On a practical level, too, it must be noted that the quality of civic services in the NCT, which were under the BJP’s control for a decade until December 2022, were below par. Similarly, the occurrence of communal riots during the visit of then US President Donald Trump in February 2020 showed that the Centre had failed to do its job in terms of policing and public order despite its control over Delhi Police. Yet, by taking control over aspects of administration best left to an elected government, the Centre has trampled upon the will and aspirations of the people of Delhi.