AAP says it is not being allowed to work : AAP is not the first to rule the NCT of Delhi

India has 29 states, and 7 Union Territories. Of the 7 UTs, 5 are small and have minimal scale local administration. Of these, 2 UTs are island groups (Andaman Nicobar islands in Bay of Bengal and Lakshadweep islands in Arabian Sea), 2 UTs are small territories surrounded by Gujarat (Daman & Diu and Dadra and Nagar Haveli).

Chandigarh is a beautiful city and it has the distinction of being capital of not only of its own region but also that of 2 other full fledged states of Punjab and Haryana.

Out of the 7 UTs, Puducherry (Pondicherry) came under effective control of India in 1962 only and it has an elected assembly and also the post of CM from 1963 onward.

Out of the 7 UTs, status of Delhi is unique since it is a metropolitan or cosmopolitan city with population of over 16 million (1.6 crore) people and also has the honour of housing the highest offices of the nation like President, Prime Minister, Chief Justice, Ministries of Govt of India, and also the diplomatic missions of other countries, etc.

Earlier, Delhi used to have only a Metropolitan Council (1966–1990) with Chairman, Dy Chairman, and Chief Executive Councillor, other Executive Councilors, etc..

However, with a view to fulfill the democratic aspirations of its substantially large populace of over 160 lakh and also to meet the development needs of the region, a new law was enacted by the Govt of India, duly passed by the parliament in 1991 and 1993, specifically to devise a mechanism for administration of NCT of Delhi.

From 1993 onward, constitutional status of NCT of Delhi is such that though it still remains a Union Territory but like Pudducherry, now Delhi too has its own elected assembly, post of CM and Council of Ministers. LG representing the Govt of India, is designated as the Administrator of the Union Territory - NCT Delhi.

However, the act enacted in 1993 too has retained Police and Land under control of the Govt of India. This is the bone of contention between AK led AAP Govt and Govt of India since. AK and AAP want to have full control over these matters just like all the 29 states who have complete control of land and police. However, since this not permitted in the NCTD Act, the wishes of AAP are immaterial. this position may change only and only if the parliament decides to amend the act.

As I see it, the issue here is non - observance of the section 22 to 26 of the act which begins like this : Special provisions as to financial Bills : (1) A Bill or amendment shall not be introduced into, or moved in the Legislative Assembly except on the recommendation of the Lieutenant, Governor, if such Bill or amendment makes provision for any of the following matters, namely :- (for further details, please see this link : http://delhiassembly.nic.in/ncta...).

Hence, the law desires that every motion proposed to be passed by Delhi Assembly must be approved first by LG - in effect by Home Ministry of the Govt of India.

On the face, so much precaution seems a bit over the top since no other state assembly is required to get the prior approval of the State Governor or the Govt of India before piloting any legislation. 

However, since the NCT Delhi Act was duly considered, debated and enacted by parliament over a period of 3 years (1991–93), there has to be a good reason for laying down such stringent conditions in this act. Perhaps, the unique character of Delhi being the national capital required to have such control of the Parliament over its Govt / Assembly.

Under this NCTD Act, Madan Lal Khurana was first CM of Delhi followed by Sahib Singh Verma and Sushma Swaraj. All along, there were non BJP Govts at the Centre and there was no conflict between Govt of Delhi and Govt of India.

Later Shiela Dixit was CM of Delhi and her first term coincided with BJP / NDA Govt led by Mr Bajpayee, and still there was never any conflict between Govt of Delhi and Govt of India. For her next 2 terms, Congress led UPA was at the helm at Centre. Shiela Govt seems to have bypassed this provision but the Centre was not bothered and overlooked the lapse and granted President’s assent to all bills.

As the things stand today, as given in the NCTD Act, AK led AAP Govt has no reason to disregard the law as it exists presently - passed by the parliament - and it has to be and must be followed in letter and spirit - it does not matter if AK and his AAP agree or disagree with the written word.

In any eventuality, Govt at Centre can not behave unreasonably since its actions are open to scrutiny by both the houses of parliament and also Govt of Delhi can move the courts, if need be.

The Delhi High Court has already observed that the actions of AK led AAP Govt are not in keeping with the process laid down in law and hence all its decisions were rejected. Supreme Court too does not seem much impressed by AAP Govt.

As requested, one might refrain from calling AK a drama queen but this is also true that his stubborn behaviour and his perpetual confrontational stance has pushed back the prospects of full statehood demand for Delhi.

BJP, at least its local unit, used to be the biggest champion of full statehood for Delhi and has contributed immensely to the development of Delhi over the last 5 decades. However, in view of the current imbroglio between the AAP Govt of NCT of Delhi and the Govt of India, the central leadership of BJP and even that of Congress will think twice before granting full statehood status to NCT of Delhi.

The issue is almost dead. Who knows even AK and his AAP might dither in granting full statehood to Delhi, if and when, if at all, they manage to come to power at Centre.