Thursday, May 28, 2015

Federalism- Lt. Governor versus Delhi Government

AAP/Delhi Government passing an emergency resolution against centre order, how can we understand it constitutionally? Can u throw some light on such resolutions or such power of assembly?

Constitutionally, both Union Territories and State Government have their own jurisdictions, their governance and roles/ responsibilities. Centre has its own jurisdictions. In this case, Since Delhi being the capital of the country, there is a different arrangement in the implementation of Law and order. UT feels that centre is encroaching into its territory.
All through these years right from the freedom the setup has evolved over a period of years which has been successful so far.
When there is a different party in the centre and different party in the state, the difference of opinion exists and its quite natural. it gets resolved over a period of time and by mutual discussions.
As I look at it, they are passing resolutions asking parliament to review the recommendations of the Sarkaria Commission and the article 155 /156 to allow state legislatures to have the power to impeach governors and Lt. governors.
In my opinion, the Delhi Government doesn't seem to understand their roles and responsibilities and their jurisdictions.. Appointing Governors and Lt. Governors is a different role which they want to possess.
Sometimes, i feel the executives who have assumed post in the delhi assembly need to have more maturity in analysing things and working for the development of the people rather than analysing how to review the constitution/ amend the constitution etc. (This is my personal opinion) You should not be biased on this.
Keep referring the judgement/ news and the versions that are coming from the SMEs.


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