It is said that article 239AA gives responsibility without power to the Delhi Government? Do you agree with the view? What should be done to remove this anomaly? (150W/10M)

Source:

https://indianexpress.com/article/opinion/columns/arvind-kejriwal-versus-anil-baijal-delhi-governor-responsibility-without-power-4962304/

Model Answer:

Introduction:

  • The 69th constitutional amendment created Article 239AA and called for the formation of an assembly and a council of ministers in the Union Territory of Delhi. Powers were transferred and the assembly was conferred with executive and legislative powers on all state subjects barring three – law and order, police and land.

Main Body:

  • Article 239 AA states that the members of legislative assembly shall be elected by the people through direct election from territorial constituencies in the National Capital Territory. However, in a democracy, the directly elected government has the responsibility towards people to address all their grievances.
  • Moreover, the provision of Article 239AA does not empower the state government to function independently and gives hands to the centre in matters of appointment of higher administrative officials. This, in simple words, mean that the appointment, transfer and posting of any officer working in the national capital territory of Delhi rests with the central government and is delegated to the LG. Further, LG could disagree with many decisions of elected government and refer them to the president, which means the central government.
  • As per Article 239 AB (a), the council of ministers is responsible for Delhi’s administration and if it fails in its function, it will be removed by the president.
  • Further, in order to frame any law by Delhi Legislative Assembly except entries related to public order, police and land in schedule VII will have to take prior permission from LG. This undermines the executive powers of elected government and democracy.
  • For example, the LG has appointed Chief Secretary without any consultation from council of ministers. This goes against the set principles of democracy and elected executives. As per the SC rulings, the appointment and removal of officers should have to be in conformity with executives as they are the lynchpin in the administration. There should be rapport and complete understandings between officers and office of Chief Minister.

The current status and Supreme Court’s Ruling:

  • By the Supreme Court judgement as of July 2018, the Lt. Governor has no independent authority to take decisions except in matters under Article 239 or matters outside the purview of the government.
  • A five-judge Constitutional Bench observed that except for issues of public order, police and land, the Lt. Governor is bound by the ‘aid and advice of the Delhi’s elected Government’ which has the public mandate. The SC also noted that there is no room for anarchy or absolutism in a democracy.
  • The SC also noted that Every “trivial difference of opinion” between the LG and the NCT government cannot be referred to the President for a decision. The issues referred should be of substantive or national importance. In this regard, the CJI interpreted the phrase “any matter” in the proviso to Article 239AA(4) as not “every matter.”

Conclusion:

  • Democracy is for the people, by the people and of the people, hence, in order to justify the democratic principles of elected government, the Delhi Government should be given the power to legislate in independent manner under the mandate of constitution on every subjects of state list at par with the other states.
  • Delhi should also be given the complete statehood by bringing necessary amendment to the constitution. This will justify the responsibility of elected government as well as to the democratic principles enshrined in our Constitution.
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Sandeep Goyal
Sandeep Goyal
5 years ago

comment imagecomment image

Pritam Kumar
5 years ago
Reply to  Sandeep Goyal

Hi Sandeep…
-Need to work on language…avoid the points which are not relevant…drafting committee opinion etc…
-The provision mentioned U/A 239 AA is certainly not correct…refer our model answer for better clarity…
-The provision of Art 239AA gives all the powers to state mentioned under state list but…except three…law and order, police and land…
However, the controversy is more about interference in appointment, transfer and posting of any office working in Delhi by central government….
-The points mentioned are very general…under how it deprived…the last two points under the same heading seems immature comment…and certainly need justification…
-Conclusion also presents half picture…talk about giving full statehood, independent power to elected govt. of Delhi…as they are the mandate of citizens…

overall the answer is between below average and average one…
Need more clarity with concept and ideas as well…
keep writing…

Zendagi_ migzara
Zendagi_ migzara
5 years ago

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Pritam Kumar
5 years ago

Hello Priyadarshi Raj…
-Introduction was okay kind…
-Very few points and ideas are mentioned…though clarity in idea is there but some points lack in completeness…
-There is no conclusion in answer…lack completeness…
The answer is incomplete…

Refer our model answer for better clarity…keep writing…

prafull sharma
5 years ago

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Pritam Kumar
5 years ago
Reply to  prafull sharma

Hi Prafull…
-Introduction is imperessive..good one….though its a bit long…
-Points mentioned are good…however, there need to bring…what and how it affects the administration is Delhi…and justification for the same…
-Also need to mention Supreme Court’s rulings recently…which says the Lt Guv will work under the aid and advice of CoM in state…and will certainly show discretion as and when required as per art 29AA and not always in all matter…
-In conclusion…talk about giving full statehood to Delhi…to establish the mandate of elected government…similar power like other states should also be provided to Delhi…etc… etc…
However your attempt is good…nice approach…
Keep writing….
Marks awarded: 3.5/10

prafull sharma
5 years ago
Reply to  Pritam Kumar

Will try to improve 🙂

Imgroot
Imgroot
5 years ago

comment imagecomment image

Pritam Kumar
5 years ago
Reply to  Imgroot

Hi… Imgroot…
-Introduction is poor…Art 239 AA provided that Delhi should be elected govt. with formation of assemble with executive and legislative powers on all state subjects barring 3…Delhi is still a UT and not a state…
-Try incorporating more provisions as evidence of Art 239…like…appointment, transfer and posting of any officer working in NCT rests with the center…CoM is responsible for Delhi’s administration…and if fail the prez will remove the elected govt…etc…
-Violation of many provisions…like LG appointed Chief Secretary…referring petty issues to Prez etc…
-However, the SC’s ruling as mentioned is very good point…
-Under way forward…You have left the idea incomplete…as How it will affect national security negatively….further justification needed…
There is no conclusion in your answer…

Overall your approach is good…but few things must be kept in mind…
-Answer should be written in proper format….leaving Proper margins…as of UPSC format…
-There should be linkages among points and individual points should be complete in itself…
-Need to arrange ideas in proper paragraph…
-In nut and shell…your answer should appear very clean and well arranged.
I hope you may incorporate such suggestion in your next answer…
Keep writing…
Marks awarded: 4/10

Vin
Vin
5 years ago

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Pritam Kumar
5 years ago
Reply to  Vin

Hi…Vin…
-Information provided in intro is having narrow concept…its just one small concept…rather we should mention…Art 239 AA provided that Delhi should have elected govt. with formation of assemble with executive and legislative powers on all state subjects barring 3…Pickup line for introduction is poor…
-Main body…Explains the same things what has been mentioned in intro…
-There is no example…also when any diagram is incorporated…it should be clear or should be explained side by side….
-The conclusion is also contradictory….You certainly lack conceptual clarity regarding the topic…
-Please refer our answer for better clarity….
Overall this attempt is poor…need to work more…
-Keep writing…will improve for sure…

Vin
Vin
5 years ago
Reply to  Pritam Kumar

Please review my ethics answer sir.

SRP
SRP
5 years ago

Please review sir and mamcomment imagecomment image

Pritam Kumar
5 years ago
Reply to  SRP

Hello SRP..
-There is no introduction in your answer…mention about What Article 239 AA says in our constitution…explain its provisions…which are contradictory….and certainly not all the provisions…
-Lt. G is appointed U/A 239 and not 239AA. Ideas are mixed up/jumbled up…and lacking in clarity…
-Explain about the practices as has been in recently under the misguide of the provision of constitution…

Few suggestions:
-Break paragraphs…form small one…big are like boring…and will harm you in getting marks…
Answer should be written in proper format….leaving Proper margins…as of UPSC format…
-There should be linkages among points and individual points should be complete in itself…
-Need to arrange ideas in proper paragraph…
-In nut and shell…your answer should appear very clean and well arranged…
Keep writing…

SRP
SRP
5 years ago
Reply to  Pritam Kumar

Thank you sir for review. I will keep in mind the points you have raised.

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