A Supreme Court order delivered by a Constitution Bench vis-à-vis powers of the Centre and state governments on Thursday deserves special attention. The order comes after years of arguments followed by a judgment that got referred to a three-member Constitution Bench for the final order, in relation to powers of the Delhi Government. The bench has held that the National Capital Territory of Delhi or its government can exercise “legislative and executive powers” to administer the state in all matters excluding law and order (police) and land. In specific terms it made clear that the Lieutenant Governor shall be bound by the decisions of the Delhi government and the officers of the civil services have to be under the administrative control of the Delhi government. The bench rightly noted, “If the civil service officers feel they are insulated from the control of the (Delhi) government, it will dilute accountability and affect governance…. If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant.”
It’s common knowledge that the AAP government of Arvind Kejriwal has been an eyesore to the BJP-led central government. Several attempts by the central authority to disrupt the Delhi government have been thwarted by Kerjiwal by sheer dint of his determination and the unity of the AAP top brass against many ‘temptations’. Scruples have often been thrown to the winds by those at the Centre to make the going tough for the AAP and its government in the national capital. One tactic employed by the Modi dispensation was to use the Lt Governor and the civil service officers to browbeat and derail governance by taking advantage of the special provisions relating to Delhi, a ‘state’ that has less powers compared to other states. The apex court corrected a previous observation by a judge that civil services were totally outside the purview of the Delhi government.
The federal system the nation has adopted for smooth running of governments accords due importance to both the Centre and the States. While it is natural that states keep seeking more freedom for governance, it is also important that the Centre remains strong. Without the Centre, there cannot be states; and vice-versa. Yet, perceptions are that the Modi government is stretching its limits and suffocating state governments in some respects. Such was the scene during the period of Indira Gandhi as well. There are parallels between the governance styles of Indira Gandhi and Narendra Modi. Both appeared to be authoritarian by their very natures. Yet, there can be no circus without a ring.
