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Delhi, the eternal capital city of India, has had a mixed fortune in
governance since the decline of the Mughals. The aftermath of the events of
1857 reduced it to a provincial town of the Punjab, and amenities came to it
because of the concerns for the British troops and officials stationed in and
around Shahjahanabad, the Walled City. The first municipality of Delhi was
created in 1863, ironically in order to "raise funds for the police and for
conservancy and such other funds as the members may think fit to expend on
works of improvements, education and other local objects..."
Yet, the city charmed Queen Victoria; she held a durbar here upon assuming the
title of the Empress of India in 1877, though Calcutta was the capital of
British India. Before the durbar was held in 1911 to commemorate the shifting
of the capital of India to Delhi, Curzon too held a vice regal durbar in 1903.
Obviously, the construction of the new Imperial capital in Delhi created a
mixed structure for city governance in which the Central government had strong
control.
The status of Chief Commissioner's Province given to Delhi in 1912 continued
until January 26, 1950 when the new Constitution made it a `Part C State', a
unit enjoying the least autonomy. Decision-making powers were vested in the
Chief Commissioner appointed by the Central government. Much later, the States
Reorganization Commission (SRC) found this arrangement to be quite an anomalous
one as "law and order, local self-government institutions, the Improvement
Trust and other statutory boards regulating certain public utility services in
Delhi and New Delhi" were not within the purview of the State Legislature and
this led to the deterioration of administrative standards. On the
recommendation of the SRC, Delhi was made a Union Territory in 1956, but since
the SRC felt that the national capital should not become a political arena,
Delhi was denied any representative institution. The Municipal Corporation of
Delhi, the only representative institution, did not fulfill the popular urge
for a representative government, and thus in 1966 a Metropolitan Council were
created. A powerless institution with only recommendatory responsibilities, it
was at the mercy of partisan politics.
Insertions made by the Constitution (Sixty-ninth Amendment) Act, 1991 creating
special provisions with respect to the NCT do not look so unusual as to create
such a controversy. Except for denial of powers to the government of the NCT
under the provisions relating to law and order and criminal justice as enjoyed
by other States and empowering Parliament (by means of the Seventieth
Amendment) to revise any provision under Article 239 AA without resort to a
constitutional amendment, most of the powers given appear to be similar to
those enjoyed by any State government. Obviously, the Transaction of Business
Rules, 1993, a classified document, has been framed differently in this case.
The deletion of Section 48 of the Rules, which made it mandatory for the NCT
government to secure the approval of the Central government before introducing
any bill in the Legislative Assembly and restoring it for a Congress
government, that too a year before Assembly elections, has caused the furor.
Obviously, blatant partisanship is the name of the game.
It is important to point out here that the shape of the governing structure of
India's national capital has been an extension of the colonial mindset. The
British shifted the capital of the Raj from Calcutta to Delhi in 1911 in order
to separate the seat of the Central government from the provincial government.
The intention was to isolate their imperial capital from its political
surroundings. And, the United States, Canada and Australia provided the model.
National governments and national capitals are bound in a special complementary
relationship. The special position of the national or federal government,
howsoever federalized a state may be, cannot be denied from any political or
constitutional perspective. Capital cities too have national and international
functions and responsibilities, which at times supersede the scope, capacities
and resources that they command.
Since the capital city is the international window for a country and nation,
only a complementary relationship, going beyond narrow partisanship, can ensure
good governance.
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