Delhi power tussle: DNA examines the genesis of ugly fights, and the way forward

On Wednesday, the Supreme Court sought to fix Delhi, one of the most dysfunctional metropolises of recent times, by defining roles for Chief Minister Arvind Kejriwal and Lieutenant Governor Anil Baijal and laying down rules for smooth governance.

But the two, who are supposed to run the National Capital in a spirit of cooperation, remain in confrontation. The 535-page order, splattered with messages of caution for both, has failed to get the two men to kiss and make up.

Kejriwal's Aam Aadmi Party (AAP) government, elected by people, has threatened that there would be anarchy in the country if it did not get powers to post, transfer, promote and punish officers. Baijal, appointed by the Central government, has said he has those powers, and the court is yet to decide if he should not.

But Delhi is not the only Union Territory (UT) where governance has taken a hit because of dual power centres. Similar disruptions and controversies are being seen even in some states where Governors, and not Lt Governors, are appointed by the Central government.

India has seven UTs: Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep, Andaman & Nicobar Islands, Puducherry, and National Capital Territory of Delhi.

Only Andaman & Nicobar, Delhi and Puducherry have Lt Governors. Punjab's Governor is also Chandigarh's administrator. Dadra & Nagar Haveli, Daman & Diu and Lakshadweep have a Central administrator each. Only Delhi and Puducherry have Legislatures and political paraphernalia.

The court order has intensified differences between CM V Narayanasamy and Lt Governor Kiran Bedi in an otherwise politically sleepy Puducherry. She has said the verdict that asked her Delhi counterpart not to be an obstructionist cannot be implemented in Puducherry because both UTs are governed by separate articles of the Indian Constitution. Narayanasamy, a Congress leader, has been grappling with Bedi for greater control of the administration. He has threatened to file a contempt of the court petition if the order was not replicated in his UT.

"That Delhi is governed by Article 239 and 239 AA, and Puducherry is ruled as per Articles 239, 239A and 240 of the Constitution, makes our case even stronger. Delhi's elected government does not control subjects such as land, police and public order, but the UT down south has all the powers. The Lt Governor here should have fewer powers than her Delhi counterpart," says a close aide of Narayanasamy.

Constitution expert SK Sharma says the experiment of having a Legislative Assembly in a UT started with Puducherry. "The idea was to have 'bhaagidaari' and not 'hukmarani'. Puducherry became a UT in 1954. We never had any problem all these years. The system worked well. It's only now that 'Dilli ki bimari' has reached there. Both the CM and the Lt Governor think they should have more powers," says Sharma, a former Lok Sabha secretary.

Puducherry's Opposition party AIADMK has also alleged that Bedi's daily interventions have paralysed the administration. The party has said, Bedi, a former BJP leader who took charge two years ago, holds meetings with officials through the day, creating two power centres.

Subhash Kashyap, one of India's leading Constitution experts, feels a lack of statecraft is causing most problems. "The CM and the Lt Governor should work in a spirit of cooperation. But it does not suit the politics. Some feel their political interests are best served through confrontation. God help us. People are the real sufferers," he says.

Kashyap cites how Sheila Dikshit, as Delhi's CM, managed to work just fine. "The Congress leader met the Lt Governor almost every week. She got so much done even when the party in power at the Centre was BJP. She did have differences, but she circumvented them and they never came out in public," says the former secretary-general of the Lok Sabha.

UNIQUE STRUCTURE

Delhi is different from any other territory in India. It is the seat of the Central government, has the Supreme Court, the Rashtrapati Bhavan and embassies. Heads of foreign States are frequent visitors to Delhi. The Central government controls some areas, including police, public order and land. The rest are with the elected government. But the Lt Governor remains a watchdog even there. It is a hybrid administrative structure — with built-in tensions.

Is there any hope of Delhi's stalemate ending soon? "The services matter is to be decided by the court. For now, the Lt Governor is the authority as per a Union Home Ministry notification of 2015. But why are you so desperate to control officers? Why not win their confidence? You cannot run the system otherwise. Consult the Lt Governor. He may say no to one proposal, but accept four others," says Sharma, a former secretary of the Delhi Legislative Assembly.

"When Dikshit was CM, her personal secretary's desk always had a list of her upcoming meetings with Prime Minister, Home Minister and other such people. She managed to have many of her demands met," says Sharma, who has written nine books on Delhi's administrative set up.

Kashyap says Delhi is a territory of the Union of India, as the name suggests. "It is administered by the President through the Lt Governor, who is part of the Delhi legislature. But if somebody sees political advantage in creating anarchic situations, the administration has to be dysfunctional," he says.

Sharma says there are reasons UTs are not states. "In a state, the CM is 'baadshah'. UTs are centrally administered, with the aid and advice from the CM and his Cabinet," he says.

The court order said Delhi's Lt Governor cannot be an obstructionist, does not have independent decision-making powers, and must listen to the CM and his Cabinet. But it also said there was no room for absolutism and anarchism, in an indirect reference to frequent sit-ins by Kejriwal, and his demand for absolute powers.

In February 2015, AAP swept the Delhi Assembly elections. But ugly fights for greater control over the National Capital have compounded its problems. AAP has been saying that the Lt Governor's office blocks its decisions — an allegation denied by the Central government. In the last three years, the AAP government has had numerous standoffs with the bureaucracy and the Centre, over issues like appointment of officials and alleged misuse of investigative agencies.

Kashyap says the court seems to have missed an important point that though the elected government in a UT can legislate on relevant issues, Parliament has overriding legislative and executive powers. He feels even in Puducherry, it is the politics that is derailing governance.

But crises are not confined to UTs. Tamil Nadu's Opposition party DMK has sought Governor Banwarilal Purohit's resignation for his alleged interference in the state government's functioning. DMK has also criticised CM Edappadi K Palaniswami and his deputy O Panneerselvam for not objecting to Purohit's parallel meetings with officials. The former BJP leader took over in October last year.

PAST IMPERFECT

Governors, also appointed by the Central government, have been equally controversial. For, they appoint CM, Ministers, State Election Commissioner and district court judges. They can dissolve the Legislative Assembly if needed, and can run the state in case the ruling party loses majority. They also serve as Chancellors of universities.

Abdullah vs Jagmohan: Jagmohan was appointed Jammu and Kashmir's Governor in 1990, when militancy was at its peak. Peoples Democratic Party's Mufti Mohammad Sayeed was the Union Home Minister in VP Singh's government. The appointment came a month after Sayeed's daughter was kidnapped. The Centre had decided to harden its stance in the Valley. J&K CM and National Conference leader Farooq Abdullah, his political rival, resigned. The appointment coincided with scores of people being killed in forces' firing. Abdullah blamed Jagmohan and Singh's government for the killings.

Dikshit vs Kapoor: Dikshit, as Delhi CM, had a tussle with then Lt Governor Vijai Kapoor in 2002 when the latter rejected a notification on the Delhi Electricity Regulatory Commission's expansion. She resent the document, and he had to give in. He soon quit.

Modi vs Beniwal: In 2011, Kamla Beniwal appointed Gujarat's Lokayukta by bypassing Narendra Modi's government in the state. In 2013, she sent back the Gujarat Lokayukta Commission Bill to the Legislative Assembly, saying it undermined her powers. The state passed the Bill and she had to approve it. Later, she was removed as Mizoram's Governor after BJP came to power in 2014.

Gogoi vs Acharya: In 2015, Assam CM Tarun Gogoi urged President Pranab Mukherjee to replace Governor PB Acharya for being pro-BJP, impeding parliamentary democracy, being communal and lowering the prestige of his own office. In March that year, Acharya summoned a state minister over poaching of rhinos. Gogoi questioned the Governor's constitutional rights.

PREZ RULE TOOL

President's rule is the dismissal of a state government and bringing it under the Centre through the Governor — or the Lt Governor in case of a UT. The takeover under Article 356 of the Constitution happens when a state government is unable to function. In Jammu & Kashmir, which has its own Constitution, any such change of guard is called Governor's rule.

President's rule has been imposed in states 115 times — from Punjab (1951) to Uttarakhand (2016).

Cases have reduced following the 1994 SR Bommai vs the Centre case order of the Supreme Court that attempted to curb misuse of the provision, making it mandatory for a no-confidence motion to be passed in the Legislative Assembly concerned. It also made the use of Article 356 subject to review by courts.

After the Janata alliance came to power at the Centre, 12 states were brought under President's rule in 1977 — a record for a single year.

The year 1980 saw Indira Gandhi's reelection as Prime Minister, and central rule was imposed in nine states. In 1992, the tool was used in six states. In 1971, it was done in seven.

It was used 20 times between 1950 and 1970. Between 1971 and 1990, it was used 63 times, including 49 times in the first half itself, amid a polarised political atmosphere. During 1991-2010, President's rule was imposed 27 times, nine times in the first two years. Between 2011 and 2016, it has been used five times.

It has been done at least once in 27 of the 29 states. Only Chhattisgarh and Telangana are untouched. President's rule has been imposed in Uttar Pradesh on 10 occasions. Bihar has seen it nine times.

It has been done eight times each in Kerala, Manipur, Odisha and Punjab. Gujarat and Karnataka have seen it five times each. Uttarakhand, Mizoram and Arunachal Pradesh are the only states where President's rule was imposed only once.

Militancy-hit Punjab was under President's rule for about 10 years, including five continuous years (1987-1992). It's six years for terror-hit Jammu & Kashmir (1990-1996).

But politics has also played a major part.

Uttar Pradesh was under President's rule for 1,700 days. In fact, 10 states were under President's rule for more than 1,000 days each.

Congress or a Congress-led alliance was in power at the Centre on 84 (or 73 per cent) of these occasions. The Janata alliance was in power for two years, but recommended President's rule 16 times. BJP or a BJP-led alliance did so on seven occasions. The number for the National Front Alliance is six. The United Front alliance did so twice.

WAY FORWARD

Congress has said that Governors, including those in Tamil Nadu and Puducherry, should take cognisance of the court order that said Delhi's Lt Governor is bound to listen to the CM and his Cabinet. Kashyap says the CM and the (Lt) Governor must have constitutional and administrative understanding, political maturity and personal equations to harmonise their working relations.

"Differences are healthy. But the constitutional illiteracy of those who had zero experience of UT set-ups has led to much damage. Lawmakers in Parliament will always be reluctant in expanding the Puducherry experience further," cautions Sharma.

CM VS L-G

DELHI

Even after court defined roles for them, and laid down governance rules, their fight continues over who controls bureaucrats.

PUDUCHERRY

Lt Governor is accused of interference. CM seeks Delhi-like relief. L-G says not possible. 

Reason: Both UTs, unlike 5 others, have political paraphernalia.

OPPN VS GUV

TAMIL NADU

DMK has sought Governor Banwarilal Purohit’s resignation for his alleged interference in the state government’s functioning. The party has also criticised CM, his deputy for not objecting to Purohit’s parallel meetings with officials. 

PREVIOUS FIGHTS

1. J&K Guv Jagmohan & CM  Farooq  Abdullah, in 1990 
2. Gujarat Guv Kamla Beniwal & CM Narendra Modi, 2011, 2013 
3. Delhi L-G Vijai Kapoor & CM Sheila Dikshit, in 2002 
4. Assam Guv PB Acharya & CM Tarun Gogoi, 2015

​CONSTITUTIONAL EXPERTS

The CM and Administrator must have administrative understanding, political maturity and personal equations to harmonise their working relations. But some feel their political interests are best served through confrontation. People are the real sufferers. If somebody sees political advantage in creating anarchic situations, the administration has to be dysfunctional. 
Subhash Kashyap

The experiment of having a Legislative Assembly in a UT started with Puducherry. The idea was to have ‘bhaagidaari’ and not ‘hukmarani’. Differences are healthy. But the constitutional illiteracy of those who had zero 
experience of UT set-ups has led to much damage. Lawmakers in Parliament will always be reluctant in expanding the Puducherry experience further. 
SK Sharma 

DISMISSAL OF STATE GOVTS

115 times Prez rule imposed in states.

84 times by Cong or Cong-led alliance.

16 times by Janata alliance.

7 times by BJP or BJP-led govt.

20  times between 1950 & 1970. 

63 times between 1971 & 1990

27 times between 1991 & 2010. 

5 times between 2011 & 2016.

10 times in UP, followed by Bihar (9).Only Chhattisgarh and Telangana are untouched.

RULE OF THE UNION

• Of India’s seven union territories, only Andaman & Nicobar, Delhi and Puducherry have Lieutenant Governors. 
• The Governor of the state of Punjab is the administrator of Chandigarh. 
• Dadra & Nagar Haveli, Daman & Diu and Lakshadweep have a Central administrator each.
• Only Delhi and Puducherry have Legislatures and political paraphernalia. 
• Experts say this is the reason behind creation of twin power centres and frequent disruption in governance.