L-G Saxena writes to Arvind Kejriwal, slams him for pollution in New Delhi

The recent exchange between Delhi Lieutenant Governor (L-G) V.K. Saxena and Chief Minister Arvind Kejriwal, where the L-G criticized the Delhi government over pollution and accused the Aam Aadmi Party (AAP) of "petty politics," is not an isolated incident. Instead, it represents a recurring theme in the unique and often contentious governance structure of the National Capital Territory (NCT) of Delhi. Understanding this dynamic is crucial for competitive exam aspirants, as it delves into the intricacies of Indian federalism, constitutional provisions, and urban governance challenges.

**Background Context: Delhi's Unique Governance Model**

Delhi's status is distinct from both a full-fledged state and a typical Union Territory. It was granted a special status under **Article 239AA** of the Constitution, inserted by the **69th Constitutional Amendment Act, 1991**. This article established a Legislative Assembly and a Council of Ministers for Delhi, giving it a quasi-state character. However, it explicitly states that Parliament has the power to make laws for the NCT of Delhi on any matter, and the L-G holds significant powers. Crucially, subjects like Police, Public Order, and Land remain directly under the control of the Union Government, administered through the L-G. The **Government of National Capital Territory of Delhi (GNCTD) Act, 1991**, further elaborated on this framework, defining the powers and responsibilities of the L-G and the elected government. This dual power structure has historically been a source of friction, particularly since the AAP government, with its overwhelming mandate, has sought greater autonomy.

**The Immediate Incident and the Heart of the Conflict**

L-G Saxena's letter to CM Kejriwal regarding the severe pollution in New Delhi and his accusation of "petty politics" brings to the fore the persistent administrative friction. While pollution is a critical public health issue, the L-G's communication also serves as a reminder of his oversight role and the Union's ultimate authority over the capital. The core of the conflict lies in the interpretation of "aid and advice" to the L-G by the Council of Ministers. A landmark **Supreme Court judgment in 2018** clarified that the L-G is bound by the aid and advice of the Council of Ministers on all matters where the Legislative Assembly has the power to make laws, except for Police, Public Order, and Land. However, the judgment also allowed the L-G to refer matters of difference of opinion to the President. This ruling was subsequently seen by many as granting more power to the elected government.

However, the **Government of National Capital Territory of Delhi (Amendment) Act, 2021**, brought about significant changes. This amendment effectively elevated the L-G's position, mandating that the "government" in Delhi would mean the "Lieutenant Governor" in many contexts. It also made it compulsory for the Delhi government to obtain the L-G's opinion before taking any executive action. This legislative move was widely seen as undermining the 2018 Supreme Court judgment and further empowering the L-G, intensifying the power struggle.

**Key Stakeholders and Their Roles**

1. **Lieutenant Governor (L-G)**: Appointed by the President, the L-G acts as the representative of the Union Government. He holds significant administrative powers, especially over Police, Public Order, and Land, and has the authority to refer matters of disagreement with the elected government to the President.

2. **Chief Minister (CM) and Delhi Government (AAP)**: The elected government represents the will of the people of Delhi. They are responsible for policy formulation and implementation in subjects not reserved for the Union, but their executive actions are subject to the L-G's approval, particularly after the 2021 amendment.

3. **Union Government**: Through the L-G, the Union Government maintains control over strategic areas in the capital, reflecting its responsibility for national security and the capital's unique status.

4. **Citizens of Delhi**: They are the ultimate beneficiaries or victims of this administrative friction. Issues like pollution, public health, and infrastructure development are directly affected by the ability of the L-G and the elected government to work harmoniously.

**Significance for India and Future Implications**

This ongoing friction has profound implications for Indian governance. It highlights the challenges of **asymmetric federalism** and the delicate balance between the elected state/UT government's autonomy and the Centre's administrative control. It raises questions about **democratic accountability** when an elected government's decisions can be stalled or overturned by an appointed official. For a critical issue like pollution, administrative delays can have severe public health and economic consequences. Delhi's pollution crisis, for instance, significantly impacts tourism, daily life, and the city's economic productivity. The L-G-CM dynamic in Delhi often becomes a template for Centre-state relations, particularly in other Union Territories like Puducherry, which also face similar challenges.

The future implications suggest a continued need for judicial intervention to clarify constitutional ambiguities, or a political resolution through dialogue and mutual respect. The persistent conflict can hinder effective governance, delay crucial policy implementations, and lead to public dissatisfaction. It also underscores the need for robust mechanisms for conflict resolution within India's federal structure, ensuring that the spirit of cooperative federalism prevails over confrontational politics.

**Related Constitutional Articles, Acts, and Policies**

* **Article 239**: Administration of Union Territories.

* **Article 239AA**: Special provisions with respect to Delhi (69th Amendment Act, 1991).

* **Government of National Capital Territory of Delhi (GNCTD) Act, 1991**: Outlines the administrative framework.

* **Government of National Capital Territory of Delhi (Amendment) Act, 2021**: Significantly altered the power balance in favor of the L-G.

* **Supreme Court Judgments**: Particularly the 2018 judgment on L-G's powers and subsequent rulings.

* **Environmental Protection Act, 1986**: The overarching law for environmental protection and pollution control in India, under which various pollution control measures are implemented.

* **Air (Prevention and Control of Pollution) Act, 1981**: Specific legislation addressing air pollution.

In essence, the L-G-CM tussle in Delhi is a microcosm of broader governance challenges in India, testing the limits of federalism, democracy, and administrative efficiency in a rapidly urbanizing and environmentally challenged capital.