Relevance : GS Paper II ( Polity & Governance)
[ 1200 words summarized to 160 ]
There is an inherent complexity of the relations between the Delhi government and the Centre.
The Tussle
- The disadvantages of not having full statehood status has been felt by many elected regimes in Delhi.
- Whether some subjects fall under the Delhi government or is the exclusive preserve of the Centre.
The solution provided by Supreme Court
- Governor has to act either on the aid and advice of the Council of Ministers, or abide by the decision of the President on a reference made by him.
- The power to refer “any matter” to the President did not mean “every matter”.
- The absence of a public service in Delhi means that the LG need not act on the Delhi government’s aid and advice.
- In case of dispute on transfers and postings of officers, the LG’s view will prevail.
Conclusion
It is necessary to find a way out of the complexities and problems thrown up by the multiple forms of federalism .