Navigating Federalism: The Delhi Ordinance’s Impact On Indian Governance
- IJLLR Journal
- Dec 17, 2024
- 1 min read
Aastha Patel, B.B.A.LL.B., Unitedworld School of Law, Karnavati University, India
ABSTRACT
Federalism is a fundamental principle of the Indian Constitution, as protected by the Basic Structure Doctrine. Federalism indicates that a Central legislature and State legislature share legislative and executive power, allowing each to function independently within its own boundaries. Federalism is essential in a country as diverse as India, where people from different traditions and origins exist side by side. Aiming to unify the entire country under one government would not be desirable or practical. The ongoing power struggle between the elected government of Delhi and the centrally appointed administrative authority, the Lieutenant Governor, arises from Delhi's distinctive federal arrangement outlined in Article 239AA of the Indian Constitution. This provision delineates a special status for Delhi, granting it a unique framework within the federal structure. However, Parliament retains the power to enact laws pertaining to subjects in Lists II and III for National capital territory of Delhi. This paper examines the central legislature's misuse of ordinance powers, particularly in bypassing upper house and Supreme Court orders, with an emphasis on the conflict between the Central and Delhi government over services problems. It addresses ordinances altering the Delhi Government of National Capital Territory (GNCT) Act, which raised concerns about the Central legislature interfering with executive authorities and impeding the Delhi government's governance capacities. The complexity and continuous nature of the struggle are highlighted by the subsequent legal issues and differing interpretations of these occurrences.
Keywords: Federalism, Centre-State Relations, Delhi Ordinance, Delhi Government of National Capital Territory (GNCT) Act.
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