By Dr. Gyan Pathak
Putting democracy on hold in the National Capital Territory of Delhi by Modi government is not new. We have been witnessing it for the last nine years since Narendra Modi became Prime Minister of India in 2014, but his party has been kept out of the Delhi Vidhan Sabha and Municipal Corporation of Delhi by the AAP winning elections. Putting on hold the Delhi Budget is the latest example.
The progressive testing of endurance by Modi-Shah duo gives them the idea about the right time when they could completely politically subjugate the country through various means, both through their constitutional and extra-constitutional powers. Delhi is the most appropriated testing ground for them because it houses the samples of every kind or group of population of the country whose reactions are easily gathered for their political considerations. The unprecedented ‘putting on hold’ the Delhi budget is therefore a matter of serious concern.
Delhi is not a full-fledged state but a UT with a Legislative Assembly. India is a Federal Republic, and hence the Centre is not supposed to encroach upon the powers of a State and UT with legislative assembly and chief minister. The very creation of a legislative assembly is founded on the principle of democracy, and hence hindrance in the functioning of Delhi Vidhan Sabha by putting on hold its budget is anti-democratic. The right to prepare and table the budget in the Vidhan Sabha is democratically assigned to the treasury bench in the house. Hence, stalling the budget by the Centre is not only anti-democratic but also anti-constitutional for the action being the principle of India being a federal republic. Hindrance in the functioning of a legislative assembly by Centre is thus self-defeating of the very purpose its creation.
Delhi Budget 2023-24 was scheduled to be tabled in the Delhi Vidhan Sabha on Tuesday, March 21, but was put on hold by the Union Ministry of Home Affairs (MHA) due to which it could not be tabled as originally scheduled. In a statement, the MHA had said, “The Lieutenant Governor, Delhi, had raised certain concerns of administrative nature on the proposed Budget, keeping in view the fiscal interest of the National Capital Territory on which MHA vide its letter dated 17.3.2023 has requested GNCTD (Government of the National Territory Delhi) to resubmit the Budget addressing these concerns for taking further action. The reply from GNCTD is awaited for last four days. For the benefit of the people of Delhi, the GNCTD should submit reply immediately.”
It was merely an extension of the fight between the Modi government at the Centre and the AAP government in Delhi that has stemmed from the root as to who should have control over Delhi – the elected government in the state or the defeated BJP in Delhi that happens to be ruling the Centre. We have long witnessed the legal battle even in Supreme Court of India where AAP government has alleged that Centre has been interfering with governance in the state through Lieutenant Governor.
NCT Delhi was created through the Constitutional (Sixty-ninth Amendment) Act, 1991 which did not support the intentions of the Modi government to rule the state because his party lost the Vidhan Sabha elections twice. Since it was not acceptable for Modi-Shah duo, they brought a legislation in March 2021 and changed the definition of ‘government’ in Delhi to mean “Lieutenant Governor”, and thus power of the elected government in Delhi was clipped. Chief Minister and Delhi Government thus brought to subjection of the Lieutenant Governor. Governance in Delhi suffered in this fight, and thus the people of Delhi where their elected representatives ceases to have power before the nominated official of the Centre. Obviously, it goes against the principle of Democracy.
Now come to the Delhi Budget 2023-24 which was put on hold by MHA. Sources said that LG office has approved the Annual Financial Statement for 2023-24, with certain observations on March 9, and the file was set to the Chief Minister Arvind Kejriwal, as per law. The Government of Delhi, thereafter, sought the approval of the President as mandated by law by sending a letter to the MHA next day on March 10. MHA conveyed its observation on March 17. For mysterious reasons, the MHA letter kept hidden for 3 days allegedly by Finance Secretary and Chief Secretary, and placed before the Chief Minister in the evening before the scheduled date of tabling the budget on March 21. CM finally sent his reply to LG and 9:25 PM and LG approved it by 10:25 PM. The Budget was then sent again to MHA for approval, and thus the scheduled tabling of the budget was deliberately put on hold.
The issue seems to be the part of the old strategy of the Centre to disturb the smooth governance of the Delhi Government. It should be recalled that the Delhi government has submitted in High Court and Supreme Court that LG had been encouraging the official of the Delhi Government not to obey the orders of even the Ministers of Delhi. Such an environment in Delhi has been created and no wonder that the MHA letter kept hidden three days and sent to Chief Minister very late.
The whole issue should be seen in the light of the GNCTD Act that says that LG will lay down the annual financial statement. However, LG does not have any role except to sign these documents received from the elected government. Since budget making and tabling is a prerogative and constitutional responsibility of the elected government, it is undemocratic for LG or the Centre to obstruct it.
It should also be noted that queries by MHA and LG to the elected government of Delhi and the their reply is a routine matter since, Delhi is but a UT with an assembly. However, the Manner in which MHA, LG, and Secretaries to the Delhi Government acted in this matter smacks their egotistic approach. Since the elected government of Delhi has announced the date of tabling of Delhi Budget 2023-24 in good faith prior to the approval believing that they would be able to get it from MHA by that time, the Centre seems took offence. The Centre wanted to just re-establish its political hegemony over the elected AAP government in Delhi.
Now come to the merit and demerit of the Budget, even though it is immaterial in this case, and the charged labelled against the AAP government has been sufficiently replied by the Chief Minister Arvind Kejriwal. The allegation voiced through officials of the MHA that AAP government has been spending more fund on advertisement than infrastructure development was found to be false. Objections raised against freebees smacks partiality since Modi government has also been engaged in distributing freebees and spending huge amount in advertisements in the name of national interest. Moreover, making a bad budget does not disqualify an elected government from tabling it in the legislature, since it is presented for discussion in the House, where it is subject to approval or rejection. Democracy is all about it. Centre cannot deny elected state government its prerogative.
Modi-Shah duo is testing their political strength vis-à-vis the endurance level of the people when they are politically subjugated, a dangerous game that is being played in the country. Democracy must not allowed to be compromised. (IPA Service)
