Delhi Statehood Act

Delhi, also known as National Capital Territory (NCT), which is its official name, is a Union Territory of India, with a population of 1.9 crores as of the 2011 census. Delhi has always played an essential part in Indian Politics as it is the seat of the capital of India. Delhi now has a government that is pitching for the Delhi Statehood Act. It wants Delhi to be an independent state. This is in reaction to the recent act i.e., (GNCT)The Government of national capital Territory of Delhi (Amendment) Act, 2021.

So first, let us understand the differences between a state and a union territory.

State vs Union Territory

The difference between a state and a union territory are listed below:

• A state is a constituent division with an independent ruling body led by the Chief Minister. The Central Government administered and controlled the union territories, which explains the name 'Union territory' that means Territory of the Union.

• States enjoy a federal relationship with the government at the center that means the powers are distributed. The legislative and executive powers are distributed among the central and state governments in terms of the state, union, and concurrent list as per the 7th schedule. In contrast, Union territories have a unitary relationship with the center, meaning both the legislative and executive powers are in the center's hands. This means all the legislative and executive powers are under the central government.

• The Governor is the constitutional head of the state, whereas The President of India is the executive head of the union territory.

• The chief minister is elected directly by the people, whereas Union territory is appointed by an administrator who the President selects.

• States generally have a larger area than union territories.

• States have autonomous powers, and union territories do not.

What is the New GNCT of Delhi (Amendment) Act?

The Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021, which prioritizes the Lieutenant Governor over the elected government in the city, was recently on the news. It amended sections 21, 24, 33, and 44 of the previous 69 amendment of Indian Constitution. As per this 69 constitutional amendment Act, when we utter the word 'Government' in the National capital territory of Delhi, it shall indicate the Lieutenant Governor of Delhi. It ensures additional powers to the Lieutenant Governor even in matters where the Legislative Assembly of Delhi is empowered to make laws.

It further ensures that the Lieutenant governor is to be granted an opportunity to give their opinion on a necessary basis before the decision taken by the Cabinet.

The Union government says this will significantly increase the efficiency of administrative processes and will ensure a strong and integrated relationship between the legislator and the executor.

What is the 69th Amendment of Indian constitution, 1992?

The 69th Amendment of Indian constitution added two new Articles, 239AA and 239AB, under which the Union Territory of Delhi was given a special status. 

Article 239AA provides that the Union Territory of Delhi is called the 'National Territory of Delhi,' and its administrator shall be known as Lt. Governor. Article 239AA also allows the creation of a Legislative Assembly (LA) for Delhi. The LA has the power to make laws on various subjects under the state list and concurrent list as per the 7th schedule except on the following matters: Public order, land, and police. It also provides for a council of ministers for Delhi. It should consist of not more than 10% of the total members of the assembly.

Article 239AB provides the President the power to suspend the operation of any provision of Article 239AA or of all of the laws made in accordance with that Article. This is like a miniature version of Article 356 (The President's Rule).

Significant Change if Delhi gets Full Statehood? 

As of now, Delhi is functioning as a reliant and dependent state. Its elected Chief Minister isn't approved to make choices alone, or the CM needs to look for the assessment and opinions of the LG. The Delhi government needs to rely upon the funds from the central government to administer the state. This is due to the 69th Constitutional Amendment Act and the new GNCT of Delhi (Amendment). However, the current Kejriwal government wants to change this process. The AamAadmi Party (AAP) government drafted 'The State of Delhi Bill 2016', popularly known as Delhi statehood Bill and expects it to turn into Delhi Statehood Act, disclosed it, and looked for ideas and suggestions. 

The Requests of Kejriwal Drove the AAP Government in this Draft Are:

• The New Delhi Municipal Council Area (Lutyens Delhi) should stay under the exclusive administrative control of the Parliament and executive control of the President, Acting through the governor.

• Delhi doesn't have its own "Public Service Commission"; consequently, the Delhi government needs a framework for Delhi's use in the UPSC. With the goal that the Delhi Government can appoint the officials according to their own will, the center's influence will end. 

• The Delhi government needs to pay for the police and different administrations; now, the central government is paying for these administrations. This change will build the Administrative expenses of the state government. Its outcome will turn out as an addition to the rates of taxes imposed by the state government. So individuals of Delhi need to prepare if the state gets the full statehood. 

• VAT rates on fuel and different items in Delhi are lower when contrasted with urban areas like Bangalore, Mumbai, and Chennai. In any case, when the Delhi government needs to make plans for its expenses, then, at that point, Delhi may have to increase its rate of taxes on these things, which will increase the weight on the pockets of its residents. 

• Delhi may have to continue buying electricity and water from different states in light of the Act that the public authority cannot set up a power plant because of the absence of a spot here. Without adequate funds and resources, the state government won't go for renewable sources of energy. It seems Kejriwal may have to revert himself from providing free electricity and water to the residents. It is important to take note that as of now, power rates in Delhi are the most reduced among other states of India. 

• Assuming Delhi gets the situation with the full state, funds from the Finance Commission will be given to the state as it is given to other states. 

• It is subsequently evident that assuming Delhi gets the situation with the full express, the Chief Minister of this state can take decisions for the people of Delhi just like the CMs of other states. 

• So if Delhi gets the full statehood, it will be a mutually beneficial arrangement for the inhabitants of Delhi and its CM because the public authority picked by them will have the full right to ensure their development and better livelihood.