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Government of Delhi

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Government of the National Capital Territory of Delhi
Rāṣṭrīya Rājadhānī Kṣētra Dillī Sarakāra (राष्ट्रीय राजधानी क्षेत्र दिल्ली सरकार)
Formation2 January 1992; 32 years ago (1992-01-02) (in its current form)
SeatNew Delhi, India
CountryIndia
Legislative branch
SpeakerRam Niwas Goel
Deputy SpeakerRakhi Birla
Assembly members70
Meeting placeOld Secretariat, Delhi, India
Lieutenant GovernorVinai Kumar Saxena
Chief MinisterAtishi Marlena
Deputy Chief MinisterVacant
Judicial branch
CourtDelhi High Court
Chief JusticeManmohan
SeatNew Delhi, India
Subordinate Courts


The Government of Delhi, officially the Government of the National Capital Territory of Delhi (GNCTD; ISO: Rāṣṭrīya Rājadhānī Kṣētra Dillī Sarakāra) is the governing body of India's National Capital Territory of Delhi, whose urban area is the seat of the Union Government. It also governs the city or local governments in the area as per the 74th Constitutional Amendment Act.[1][2][3]

Union Territories are governed directly by the Union Government. There are a few exceptions, such as Delhi and Puducherry which also have their own elected governments with some limitations.[4]

In May 2023, a Supreme Court verdict ruled that the Government of Delhi has power over all administrative services, including the Indian Administrative Service (IAS), except police, land and public order, and the Lieutenant Governor shall exercise power under the administrative role.[5]

In May 2023, the Supreme Court delivered a landmark verdict affirming that the Government of Delhi holds authority over all administrative services, including the Indian Administrative Service, with the exception of police, land, and public order, while limiting the Lieutenant Governor's role to matters under these specific domains. However, just days after this judgment, the Central Government circumvented the ruling by issuing an ordinance to establish the National Capital Civil Services Authority in Delhi. This ordinance effectively reasserts the Central Government's dominance by designating the Chief Minister of Delhi as the head of the authority, with the Chief Secretary and Home Secretary—both reporting to the Central Government—as members. The authority’s primary function is to control the transfer and posting of Group 'A' officers and DANICS officers in the Delhi government, undermining the Supreme Court's recognition of Delhi's autonomy over its administrative services.[6][7]

Local governments

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The local or city government is headed by the mayor. The Municipal Corporation of Delhi handles civic administration for the city, and has one mayor.[8]

Heretofore the Municipal Corporation of Delhi was trifurcated into three bodies: the North Delhi Municipal Corporation, the South Delhi Municipal Corporation, and the East Delhi Municipal Corporation in 2012.[9][8] They were reunified on 22 May 2022.[10]

The Delhi Cantonment Board operates as an independent municipal authority within the city of Delhi. As stipulated by the Cantonment Board Act of 2006, cantonment boards are designated as municipalities and are governed directly by the Ministry of Defence. This grants the Delhi Cantonment Board jurisdiction over its area, separate from the governance and administrative framework of the Delhi government.[11]

Government of NCT of Delhi

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The Chief Minister and lieutenant Governor are the heads of the Government. The government consists of the legislative wing, namely the Legislative Assembly of Delhi, which is unicameral, consisting of 70 members of the legislative assembly.

History

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The Legislative Assembly of Delhi was first constituted on 17 March 1952 under the Government of Part C States Act, 1951, but it was abolished on 1 October 1956. The legislative assembly of Delhi was re-established on January 2, 1992, following the enforcement of the Constitution (Sixty-ninth Amendment) Act, 1991, and the subsequent Government of National Capital Territory of Delhi Act, 1991. The Sixty-ninth Amendment formally renamed the Union Territory of Delhi as the National Capital Territory of Delhi, granting it a unique status with its own legislative assembly..[12]

The maiden chief minister of Delhi was Chaudhary Brahm Prakash Yadav of the Indian National Congress, whereas the first woman chief minister was Sushma Swaraj (BJP). Sheila Dikshit (INC) has been the chief minister for the maximum number of terms (three) and served for the longest duration (15 years). Guru Radha Kishan (CPI) had the rare distinction of representing his constituency in the Municipal Corporation of Delhi for most years continuously by an individual and Chaudhary Prem Singh (INC) has won the maximum elections for different civic bodies in Delhi.

Ministers

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Following the oath-taking ceremony, Atishi has allocated other 5 members of the council and the portfolios as follows:[8]



Portfolio Minister Took office Left office Party Ref
21 September 2024 (2024-09-21)Incumbent AAP[8]
  • Health
  • Industries
  • Urban Development
  • Irrigation and Flood Control
  • Art, Culture and Language
  • Tourism
  • Social Welfare
  • Cooperative
21 September 2024 (2024-09-21)Incumbent AAP[8]
  • Food & Supply
  • Election
21 September 2024 (2024-09-21)Incumbent AAP[8]
  • Development
  • General Administration
  • Environment, Forest and Wild life
21 September 2024 (2024-09-21)Incumbent AAP[8]
  • SC and ST
  • Gurudwara elections
  • Labour
  • Employment
  • Land and Building
21 September 2024 (2024-09-21)Incumbent AAP[8]

Central Government

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The Lieutenant Governor of Delhi is appointed by the President of India,[13] as the agent of President and head of state like governor, on the advice of the Central government. This state government is called the Government of the National Capital Territory of Delhi (Government of NCT of Delhi or simply Government of Delhi). It consists of an executive, led by the Lieutenant Governor of Delhi, a judiciary and a legislature.

Centre versus State

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The Supreme Court of India in Government of NCT of Delhi v. Union of India ruled that according to the Article 239AA of the Indian constitution, that although the government had to keep him/her informed of its decisions, Delhi's lieutenant governor did not have any independent decision-making powers and had to follow the "aid and advice" of the chief minister-led council of ministers of the Government of Delhi on matters which the Delhi Legislative Assembly could legislate on, viz., all items on the State List (items on which only state legislatures can legislate) and the Concurrent List (items on which both the Parliament of India and the state legislatures can legislate) barring 'police, 'public order' and 'land'.[14][15][16][17][18][19] The court added that on matters referred to him/her, the LG was bound to follow the orders of the president.[16]

Judiciary

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The Delhi High Court has jurisdiction over Delhi, which also has two types of lower courts: the Small Causes Court for civil cases, and the Sessions Court for criminal cases. Like other Union territories, the Delhi Police reports to the Ministry of Home Affairs, Government of India and not the government of NCT of Delhi. Headed by the Police Commissioner, it is one of the largest metropolitan police forces in the world.[20] The headquarters of Delhi Police are located Jai Singh Marg, Connaught Place, New Delhi.

See also

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References

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  1. ^ Idiculla, Mathew (14 June 2018). "The missing tiers". The Hindu. ISSN 0971-751X. Retrieved 2 July 2020.
  2. ^ "The Constitution (Seventy-fourth Amendment) Act, 1993| National Portal of India". www.india.gov.in. Retrieved 25 October 2021.
  3. ^ "Delhi assembly note on 69 amendment of act 1991 with new article 239 AA and 239 AB". delhi assembly. Retrieved 25 October 2021.
  4. ^ "What is the difference between a state and a union territory?". India Today. 5 August 2019. Retrieved 2 July 2020.
  5. ^ Staff, The Wire (11 May 2023). "Delhi Govt Has Legislative Powers Over Services Except Police, Public Order, Land: SC". The Wire. Retrieved 11 May 2023.
  6. ^ "Centre creates National Capital Civil Service Authority for transfer, posting of Group A officers in Delhi". government.economictimes.indiatimes.com. 20 May 2023.
  7. ^ "Delhi Govt vs Centre | Central Government Issues Ordinance Providing LG Powers Over "Services" In GNCTD". livelaw.in. 20 May 2023.
  8. ^ a b c d e f g h "Baffling situation of one city, three mayors". Hindustan Times. 19 April 2012. Retrieved 2 July 2020. Cite error: The named reference ":0" was defined multiple times with different content (see the help page).
  9. ^ "Department of Law, Justice & Legislative Affairs". 24 March 2017. Archived from the original on 24 March 2017. Retrieved 2 July 2020.
  10. ^ "Delhi's unified municipal corporation formally comes into existence". The Economic Times. 22 May 2022. ISSN 0013-0389. Retrieved 29 March 2024.
  11. ^ "The Cantonments Act, 2006" (PDF). 31 May 2014. Archived from the original (PDF) on 31 May 2014. Retrieved 2 July 2020.
  12. ^ The Constitution (Sixty-ninth Amendment) Act, 1991
  13. ^ "The Constitution of India" (PDF).
  14. ^ Roy, Shreyashi (4 July 2018). "Can Statehood for Delhi Solve the LG vs AAP Power Tussle?". The Quint. Retrieved 24 September 2018.
  15. ^ Rajagopal, Krishnadas; Singh, Soibam Rocky (4 July 2018). "Lieutenant Governor bound by 'aid and advice' of elected Delhi govt., rules Supreme Court". The Hindu. New Delhi: N. Ram. ISSN 0971-751X. OCLC 13119119. Retrieved 24 September 2018.
  16. ^ a b Mustafa, Faizan (5 July 2018). "Delhi power tussle: Between the Supreme Court's lines". The Indian Express. New Delhi: Indian Express Group. OCLC 70274541. Retrieved 24 September 2018.
  17. ^ "Supreme Court to Delhi LG: Don't play decision-maker or obstructionist". The Telegraph. TT Bureau. Agencies. 4 July 2018. OCLC 271717941. Retrieved 24 September 2018.{{cite web}}: CS1 maint: others (link)
  18. ^ Prakash, Satya (4 July 2018). "SC verdict on power tussle in Delhi explained". The Tribune. Retrieved 25 September 2018.
  19. ^ "Supreme Court verdict on AAP government vs Delhi LG: Key points". The Times of India. Bennett, Coleman & Co. Ltd. 4 July 2018. OCLC 23379369. Retrieved 25 September 2018.
  20. ^ "History of Delhi Police". Delhi Police Headquarters, New Delhi, India. Archived from the original on 7 December 2006.
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