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Parliament amended the Constitution to rename Delhi as the ‘National Capital Territory’ (NCT) in 1991 to make laws on the matters of State and Concurrent Lists, except for police, public order and land. In 2021, the Government of National Capital Territory Act was amended, which…Read More
The Centre passed an ordinance in 2023 negating the Supreme Court’s judgment. It designated the L-G as Delhi’s administrator who has the final say in the postings of bureaucrats in Delhi. (PTI Photo)
Delhi Assembly Election results will be declared on February 8, with the Bharatiya Janata Party (BJP) and Aam Aadmi Party (AAP) being the ultimate contenders for the 70 seats. Delhi, which is the Union Territory, had its former chief minister raising the issue of law and order under the Central government for many years now.
A blame game over the law and order situation has become a norm for the Delhi government over the past 10 years since the Congress was replaced by the AAP in Delhi and the BJP took powers from the hands of the Congress at the Centre.
Air and water pollution, law and order and revenues have been some of the issues over which the BJP and AAP have been bickering on for the past few years.
Let us look at the evolving powers of the Delhi chief minister and some of the notable politicians of the Capital.
How Power Dynamics Changed After Independence
In 1947, the Constituent Assembly held a discussion regarding the constitutional status of Centrally Administered Provinces such as Delhi, Ajmer, Coorg etc. After a seven-member committee led by Pattabhi Sitaramayya did a roughly three-month study, a report was submitted, which recommended a separate self-government in Delhi.
This government would comprise a three-member Council of Ministers, a 50-member legislative Assembly and a Lieutenant Governor, making the nation’s capital a quasi-state of its own, former Lok Sabha secretary SK Sharma wrote in Frontline.
But this recommendation was rejected by most members of the Constituent Assembly. Former Prime Minister Pandit Jawaharlal Nehru and most Congress veterans like Sardar Vallabhai Patel and Dr Rajendra Prasad believed that Centre must have exclusive powers over Delhi, a report in The Hindu mentioned.
Finally, a compromise was struck and in 1951, and Delhi was made a part ‘C’ State (Former Chief Commissioner’s provinces). As per its classification, Delhi was given a 48-member Legislative Assembly, a Legislative Council and a Chief Minister.
In 1952, Congress chose 34-year-old Brahm Prakash as its first Chief Minister and he remained in the post till 1956.
In 1956, when India was reorganised into states and Union Territories (UT), Delhi was made the UT by an administrator appointed by the President. Its legislative control was taken away by abolishing the Assembly and Council.
But the demand of a democratic set-up in Delhi kept growing and in 1966, the Delhi Administration Act was passed, setting up an Interim Delhi Metropolitan Council with an Executive Council, which was headed by the Lieutenant Governor (L-G).
The L-G had the power to summon and prorogue the Metropolitan Council within a time interval of six months.
The 61-member Metropolitan Council had 56 elected members and five nominated members. The Council was headed by the Chairman who presided over the Council and had the final say (like a Speaker) on its proceedings. The Leader of the House, who was also the Chief Executive Councillor, advised the L-G along with his three-member Executive Council on all legislative matters related to the UT, The Hindu report mentioned.
The Leader of Opposition was also nominated as the Chairman of the Committee on Assurances.
Between 1967 and 1990, the Congress remained the ruling party of the Council barring 1977-80, when the Janata Party-led government came to power in the Centre.
In 1991, Parliament amended the Constitution to introduce two new articles, Article 239AA and 239 AB, to rename Delhi as the ‘National Capital Territory’ (NCT). This allowed the NCT to make laws on the matters of State and Concurrent Lists, except for police and public order and land.
Delhi’s executive structure was revamped giving it a Chief Minister and Council of Ministers who would advise the L-G on the laws framed by the Assembly on the above-mentioned subjects. The President could intervene in case of a dispute between the L-G and CM.
The second amendment allowed the President to suspend the operation of Article 239AA (i.e. the elected Delhi Assembly and council of ministers) if the L-G informs him that administration of the NCT cannot be carried out.
Shortly, the Government of National Capital Territory of Delhi Act, 1991 was enacted by Parliament to implement these Constitutional amendments.
Under this new structure from 1993 onwards, the BJP ruled Delhi for five years, the Congress for 15 and now AAP for 10 years.
In 2014, Arvind Kejriwal took over Delhi as the CM while Narendra Modi became Prime Minister at the Centre. In 2016, the Delhi High Court held that Delhi continues to remain a Union Territory despite the existence of Article 239AA, making the L-G the executive head of NCT.
But the Supreme Court in 2018 passed a judgment favouring the AAP government, ruling that the CM was the executive head of the NCT and that the L-G was to be consulted on all matters where Assembly has the power to make laws, but his agreement was not required.
In 2019, after the BJP overwhelming majority in the Lok Sabha and near-majority in the Rajya Sabha, the Government of National Capital Territory Act was amended in 2021. The Act mandated the government to receive L-G’s opinion on all executive decisions and the Assembly was barred from discussing matters relating to the daily administration of NCT.
On May 11, 2023, a five-judge SC bench unanimously upheld the Delhi government’s power over administrative services in the NCT. It stressed that the democratically elected Delhi government cannot be deprived of its legislative and executive powers by the Centre.
But the Centre passed an ordinance within a week negating the SC’s judgment. It designated the L-G as Delhi’s administrator who has the final say in the postings of bureaucrats in Delhi. It also established the National Capital Civil Service Authority (NCCSA) which comprises of the Delhi CM and two Centre-appointed officials -Chief Secretary and Principal Home Secretary of Delhi.
About Notable Delhi Chief Ministers
Chaudhary Brahm Prakash: Born in 1918 in Nairobi, Kenya, Prakash became the first Chief Minister of Delhi on March 17, 1952, at the age of 34, and served until February 12, 1955. He was elected from the Nangloi Jat constituency. Being the member of the Congress, his tenure focused on rural development and social justice. He also served as the Union Cabinet Minister for Food and Agriculture and Cooperatives. He played a significant role in promoting cooperative societies and the Panchayati Raj system. His educational background includes early schooling in Delhi. He died in 1993, leaving behind a legacy in social and agricultural reforms.
Gurmukh Nihal Singh: Born on November 1, 1918, in Daryaganj, Delhi, he served as the Chief Minister of Delhi from February 12, 1955, to November 1, 1956. Singh was affiliated with the Congress and represented the Daryaganj constituency during his term. He was involved in social work and education before joining politics. His tenure as CM was marked by efforts to improve infrastructure and public services in Delhi. Singh was known for his dedication to public service and community welfare. He passed away on May 29, 1994.
Madan Lal Khurana: Born on October 15, 1934, in a small village near Amritsar, Punjab, Khurana became the Delhi CM on December 2, 1993, serving until February 26, 1996. He represented the Moti Nagar constituency and was a prominent leader of the BJP. His tenure focused on urban development and improving public services like water supply and electricity. He also served as Member of Parliament later in his career. He passed away on October 27, 2021, leaving behind a legacy as a dedicated public servant.
Sahib Singh Verma: Born on January 15, 1944, in Shalimar Bagh, Delhi, Verma served as CM from February 26, 1996, to October 12, 1998. Verma represented the Shalimar Bagh constituency as a member of the BJP. He focused on infrastructure projects that aimed to improve transportation and housing for residents of Delhi during his tenure. Verma also advocated for education reforms and worked towards enhancing job opportunities for youth in the capital. After his term ended, he continued to be active in politics until his passing on June 30, 2018.
Sushma Swaraj: Born on February 14, 1952, in Ambala Cantt., Haryana, Swaraj served as the CM for a brief period from October 12 to December 3, 1998. Swaraj had an extensive political career that included serving as India’s External Affairs Minister from 2014 to 2019. Known for her communication and oratory skills, Swaraj made unparalleled contributions in the Ministry of External Affairs during her tenure. Her educational background includes a degree in law from Panjab University. She passed away on August 6, 2019.
Sheila Dikshit: Born on March 31, 1938, in Kapurthala, Punjab, Dikshit served as Chief Minister of Delhi for three consecutive terms from December 3, 1998, to December 28, 2013— totalling over 15 years — making her the longest-serving CM in Delhi’s history. Dikshit represented the New Delhi constituency and was affiliated with the Congress. Her tenure focused on transforming Delhi into a modern metropolis through extensive infrastructure projects like metro rail expansion and improved sanitation facilities. Dikshit passed away on July 20, 2020.
Arvind Kejriwal: Born on August 16, 1968, in Siwani, Haryana, Kejriwal became the Chief Minister of Delhi first on December 28, 2013, after resigning briefly in early February 2014 due to political challenges related to anti-corruption legislation. He returned to power on February 14, 2015, winning a historic majority by securing 67 out of 70 seats in that election, with over 54% of votes cast for AAP candidates across constituencies. Kejriwal focused on anti-corruption measures and improving public services like education and healthcare during his tenure. Kejriwal is an alumnus of the Indian Institute of Technology (IIT) Kharagpur, where he studied mechanical engineering before joining the Indian Revenue Service (IRS). Kejriwal has been re-elected multiple times since then; he won again in February 2020, securing 62 out of 70 seats with approximately 53% of votes against BJP candidates. As of September 2024, Kejriwal has announced his resignation.
Atishi: Born on June 8, 1981, to Delhi University professors Vijay Singh Tomar and Tripta Wahi in a Tomar Rajput family of Punjabi background, Atishi’s parents gave her the middle name ‘Marlena,’ which is a mix of Marx and Lenin, which shows her ideological roots. She joined AAP in January 2013, and was instrumental in the 2015 Jal Satyagraha in Khandwa in Madhya Pradesh. Atishi holds a graduation degree in History from St. Stephen’s College, Delhi, and earned a Master’s degree from Oxford University.