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Constitutional Framework GS Paper II

Is Delhi state or union territory. How Delhi got this unique status?

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Delhi is was provided with a special category of national capital territory in 1992 to differentiate it with other union territories to provide ease for central govt day to day business and to provide better administration and efficient management. If provided the state status then administrative issues would have arisen for security and law and order for dignitaries residing in Delhi. The extra burden to state administration would have caused trouble to the state because it had to cater for central as well as state duties to avoid the hassle and to provide easy functioning of central govt Delhi has not been provided with full statehood. The Government of India appointed on 24-12-1987 a Committee to go into the various issues connected with the administration of Delhi and to recommend measures inter alia for the streamlining of the administrative set-up. The Committee went into the matter in great detail and considered the issues after holding discussions with various individuals, associations, political parties and other experts and taking into account the arrangements in the national Capitals of other countries with a federal set-up and also the debates in the Constituent Assembly as also the reports by earlier Committees and Commissions. After such detailed inquiry and examination, it recommended that Delhi should continue to be a Union territory and provided with a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concern to the common man. The Committee also recommended that with a view to ensuring stability and permanence the arrangements should be incorporated in the Constitution to give the National Capital a special status among the Union territories.

The 69th constitutional amendment designated Delhi as National Capital Territory of Delhi and provided Legislative Assembly. However, it was not conferred with full statehood and is administered by union govt through Lieutenant Governor. Delhi is a Union Territory with the special name “National Capital Territory”. It is wrong to say that it is not union territory because it has a unitary relationship with the Union(or parliament). Delhi gets its unique status due to 69th Constitution Amendment Act,1992. This amendment made several special provisions in the constitution for Delhi. Some are given here-

  • Naming as NCT Delhi
  • the designation of LG(in no other UT it is a constitutional obligation to call the administrator as LG)
  • Fixed the maximum amount of Ministers at 10% of the total strength of Assembly(i.e. 7 ministers)
  • The special emergency provision only for Delhi(Art 239AB)
  • Appointment of CM and Council of Ministers by the President

It’s not about Delhi, it’s about capital of country.
List any great country and you will find that capital is always govern by center government. Making it separate state would cause many disputes as we already facing in case of Delhi.

  • Administration disturbance: you can clearly see 60 to 80 percent of Administration work are going of Center government and that is critical to avoid or disturb, as they are working for whole India, 29 states and rest UT. In case of different government, they both will keep disturbing each other at certain levels, specially AK who is nothing else but dream of facing Modi everytime.
  • Worse would happen to capital, at another point administration of that area won’t be going properly which will make people of capital suffer.
  • Capital should be clean and peaceful where in case of Delhi, capital is best way to disturb government, Create disputes at all level, all demands be reservation or anything, people tends to disturb capital for this. Diving these Administration would not let each other handle situation, and we all know kejriwal never coped with anyone to work for people, as he is credit Hungry man and don’t want anyone to stand.

the Delhi should be totally controlled by the central government so that whole India, as well as Delhi, should be in one hand to run properly and efficiently.

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