Date: 18/02/2023

Relevance: GS-2: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government.

Key Phrases: Aldermen, Delhi Municipal Corporation, mayoral election, Article 243R(2)(a), National Capital Territory of Delhi (Amendment) Act, 2021, Article 239AA, 73rd and 74th Amendments.

Context:

• Even though it has been more than two months since the elections to the Delhi Municipal Corporation were held (December 4, 2022), the city still does not have a Mayor.

Key Highlights:

• The Lieutenant Governor (LG) of Delhi, V.K. Saxena, had nominated 10 members, often referred to as Aldermen, to the Municipal Corporation just before the first session.
• In a petition filed by AAP Councillor, a three-judge Bench of the Supreme Court headed by the Chief Justice of India D.Y. Chandrachud recently orally observed that “nominated members cannot go for election” and has rescheduled the hearing of the case.
• The mayoral election will now be held after the top court hears the case.

What is the Issue here?

• The brouhaha over Delhi’s mayoral election reveals multiple issues.
  • At one level, it exemplifies the increasing attempt of the Union government to take control over the administration of Delhi.
  • At another, it also raises larger questions regarding how municipal corporations are controlled by higher levels of government.

Increasing attempts to gain a stranglehold over Delhi’s governance.

• National Capital Territory of Delhi (Amendment) Act, 2021.
  • The most brazen exhibition of such power was the passing of the Government of National Capital Territory of Delhi (Amendment) Act, 2021.
  • The amendment nullifies the judgment of the Supreme Court that had affirmed the primacy of the elected government in Delhi, “clarifying” that the expression “Government” shall mean the LG.
  • The amendment further provided that on matters specified by the LG, the Council of Ministers must obtain the permission of the LG before taking any executive decision and also impose restrictions on the inherent rule-making powers of the Legislative Assembly.
• The Delhi Municipal Corporation Act
  • In April 2022, Parliament amended the Delhi Municipal Corporation Act to merge the North, South, and East Delhi Municipal Corporations into a single corporation, effectively undoing the trifurcation of the Municipal Corporation carried out in 2011.
  • However, while the trifurcation was effected through an amendment passed by the Delhi Legislative Assembly, the unification was initiated by the Union government and passed by Parliament, undercutting the Legislative Assembly.
  • Though local governments are a state subject under the Seventh Schedule of the Constitution, the Union government used its plenary powers under Article 239AA of the Constitution to pass this law.
  • The issue is not merely of the Union government trying to control the Municipal and State governments in Delhi, but of higher levels of government exercising authority over lower levels.

Issues faced by various municipalities:

• Union and State governments stifle the authority of municipal governments in multiple ways.
  • Many Functions continue to be exercised by state government:
    • While the 74th Amendment envisaged States to devolve a set of 18 functions to municipal governments, many of these functions continue to be exercised by state government-controlled parastatal agencies such as development authorities.
  • Mayor Has a ceremonial role:
    • The executive powers of the municipality are often vested with the State government-appointed commissioners, rendering the Mayor to a ceremonial role.
  • Few revenue-generating powers:
    • Municipalities are vested with very few revenue-generating powers, keeping them reliant on grants and loans from the State and Union governments.
  • Union government’s larger role in driving urban development and governance:
    • More recently, national-level urban programmes such as the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) and the Smart Cities Mission have given the Union government a larger role in driving urban development and governance.

Way Forward:

• As local governments get weakened in the midst of an overall centralizing trend in Indian polity, there needs to be more conversation about what authority each level of government should exercise.
• While local autonomy is crucial, higher levels of government can also have a legitimate role in local issues —
  • to ensure regional coordination,
  • reduce spatial inequality,
  • or manage economic and environmental externalities.

Conclusion:

• The reasons why Union or State governments interfere in local governance are often not because of discernable objectives but are driven by the desire to accumulate political and economic power or for short-term electoral advantage.
• While it is important to acknowledge and understand the realpolitik considerations driving the powers of the municipality, we should also not ignore the fundamental values of local democracy that underpin municipal authority.

Source: The Hindu

Mains Question:

Q. Thirty years after the passing of the 73rd and 74th Amendments that sought to make panchayats and municipalities function as “institutions of self-government”, local governments tend to function as administrative vessels of the State government, and not as an independent level of government. Do you agree? (250 words).