Source: Indian Express 

Introduction  

The matter pertains to an ongoing constitutional discourse regarding the administrative powers in the National Capital Territory of Delhi, specifically concerning the delegation of authority between the Delhi Government and the Central Government, which has persisted for approximately a decade during the Aam Aadmi Party's governance. There has been a constant legal tussle between the Centre and the Delhi government over the state’s “unique constitutional status 

How has the Control Over Services in Delhi and the Legal Battles Surrounding It Impacted the Governance of the Delhi Government? 

• Background:  
  • In 2015, following AAP's landslide victory (67/70 seats), the Union Home Ministry issued a notification giving L-G control over Public Order, Police, Land, and significantly, Services (bureaucracy), extending beyond the original scope of Article 239AA of the Constitution of India, 1950 (COI). 
  • The Delhi government challenged this notification in the High Court, specifically contesting the inclusion of 'Services' under L-G's control, as Article 239AA only explicitly mentioned public order, police, and land under Union control. 
  • Despite multiple court rulings over a decade, the fundamental issue of bureaucratic control remains pending before the Supreme Court, creating ongoing administrative uncertainty. 
  • The governance crisis deepened with the arrest of Chief Minister and Deputy Chief Minister in the excise policy case, with Sisodia resigning while in custody. 
  • Chief Minister remained on post for six months after arrest until receiving bail from the Supreme Court, which came with restrictions preventing him from visiting the Secretariat or signing official files. 
  • The combined effect of disputed bureaucratic control and leadership vacuum severely impacted Delhi's governance structure and administrative efficiency. 
  • This ongoing legal battle represents a constitutional crisis centered on the interpretation of administrative powers between the Centre and Delhi government under Article 239AA's framework. 
• Court Observations : 
  • Rajender Prashad v. Govt of NCT of Delhi (2016):  
    • The Delhi High Court ruled in favor of the Centre regarding the 2015 notification 
  • Government of NCT of Delhi v. Union of India (2017):  
    • Recognized Delhi's unique (sui generis) constitutional status 
    • Affirmed Delhi government's legislative and executive powers over administrative services 
    • Matter was referred to a smaller bench which delivered a split verdict 
  • Govt of NCT of Delhi v. Union of India (2023):  
    • Delhi government's control over services 
    • Clarified that Delhi's power doesn't extend to services related to public order, police, and land 
    • Maintained Delhi's authority over IAS and joint cadre services for day-to-day administration 

What are the Constitutional Articles Referred? 

• Article 239:  
  • Deals with Union Territory administration 
  • Establishes President's governance through appointed administrator/Lieutenant Governor 
• Article 239A:  
  • Provides for dual power structure in certain UTs 
  • Enables legislative Assembly and Council of Ministers alongside L-G 
• Article 239AA:  
  • Specifically addresses Delhi's governance 
  • Inserted through 69th Amendment Act, 1991 
  • Creates three power centers: CM's Secretariat, L-G's Raj Bhavan, and Union Home Ministry 
  • Gives Union Government power over public order, police, and land in Delhi 

How is the Administration and Legislative Framework of Union Territories Governed Under Articles 239, 239A, And 239AA of the Indian Constitution? 

Article 239 - Administration of Union Territories: 

• Presidential Authority: 
  • President has primary administrative authority over all Union territories 
  • This authority is subject to any laws made by Parliament 
  • President exercises control through appointed administrators 
  • President has discretion to determine administrator's powers 
  • President can specify administrator's designation 
• Governor as Administrator: 
  • President can appoint State Governors as administrators of adjoining UTs 
  • This power exists despite provisions in Part VI of Constitution 
  • When acting as administrator, Governor functions independently 
  • Governor's State Council of Ministers has no role in UT administration 

Article 239A - Creation of Legislative Bodies: 

• Parliamentary Powers: 
  • Parliament can create legislative structures for Puducherry by law 
  • Can establish elected or partially nominated legislative body 
  • Can create Council of Ministers 
  • Can establish both legislature and council simultaneously 
  • Parliament determines powers and functions of these bodies 
• Constitutional Status: 
  • Laws created under this article don't constitute constitutional amendments 
  • Article 368 procedures not required despite amendment-like effects 
  • Provides flexibility in governance structure 
  • Extended to Jammu & Kashmir through reorganization act 

Article 239AA - Special Provisions for Delhi: 

• Basic Framework: 
  • Establishes Delhi as National Capital Territory 
  • Created through 69th Constitutional Amendment Act, 1991 
  • Administrator designated as Lieutenant Governor 
  • Sets up special administrative structure 
• Legislative Assembly Structure: 
  • Mandates directly elected Legislative Assembly 
  • Members chosen from territorial constituencies 
  • Parliament determines total number of seats 
  • Parliament decides SC reservation quota 
  • Parliament controls constituency delimitation 
  • Articles 324-327 and 329 apply as they do to states 
  • Legislative Powers and Limitations: 
  • Can legislate on State List and Concurrent List matters 
• Excluded from legislating on:  
  • Entry 1 (Public Order) 
  • Entry 2 (Police) 
  • Entry 18 (Land) 
  • Related entries 64, 65, and 66 
  • Parliament retains concurrent legislative powers 
  • Parliamentary laws prevail in case of conflict 
  • Assembly laws can prevail with Presidential assent 
• Executive Structure: 
  • Council of Ministers limited to 10% of assembly strength 
  • Chief Minister heads the Council 
  • Ministers advise Lieutenant Governor 
  • LG must refer disagreements to President 
  • LG can take immediate action in urgent matters 
  • Council collectively responsible to Assembly 
• Appointment and Accountability: 
  • President appoints Chief Minister 
  • Other ministers appointed on CM's advice 
  • Ministers serve at President's pleasure 
  • Council collectively answerable to Assembly 
• Conflict Resolution: 
  • LG refers disputes with ministers to President 
  • President's decision is binding 
  • LG can take immediate action pending President's decision 
  • LG has discretionary powers in certain matters 
• Additional Provisions: 
  • Parliament can make supplementary laws 
  • Such laws don't count as constitutional amendments 
  • Provisions similar to Puducherry where applicable 
  • Parliament retains power to modify assembly laws 
  • References to Article 239A apply to Delhi

Conclusion

Pursuant to the legislative amendment of the Government of National Capital Territory of Delhi Act, the administrative framework now mandates a tripartite body comprising the Chief Minister, Chief Secretary, and Principal Home Secretary for bureaucratic appointments, effectively establishing a checks and balances system that may diminish the Chief Minister's unilateral authority in administrative decisions.