Tweaking the rules?

Earlier this week, the local civic body of the national capital began working after restructuring, remodelling, and rebranding. The unification of the three MCDs provided through The Delhi Municipal Corporation (Amendment) Act, 2022 passed in the Parliament during the last Budget Session is undeniably an attempt by the BJP of misusing the legislature for bulwarking the fast-approaching defeat in the MCD. This, coupled with the delay in conducting the MCD elections in the backdrop of AAP's glorious and swift victory in Punjab assembly elections, highlights the extent to which the BJP could go to squandering the democratic institutions for winning elections.

It doesn't take a rethink and reconsideration to argue that the MCD Amendment Act 2022 is legally illegitimate, federally imprudent, and administratively improper. Constitutionally arguing, the subject of municipalities was created by the 74th Amendment for decentralisation and democratisation of governance. In 1993, Part IX-A was inserted into the Constitution of providing rules for municipalities by entitling powers to state governments to make laws under Articles 243P and 243R.

When read with Entry 5 of the State List, Article 246 precisely and plainly authorises the state governments to make laws vis-a-vis municipalities. The said Entry reads - Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration. In short, the Parliament lacked legislative competence to make the law to unify the three MCDs.

Further, a Constitution bench in July 2018 held that the objective behind the 1991 Act, which provides for an elected government in the national capital, was to establish a representative government in which the majority has the right to reflect their opinions and preferences on policies and rules vis-a-vis governance of NCT of Delhi. The bench had held: "The legislative assembly, the council of ministers and the Westminster style cabinet system of government brought by the 69th amendment highlight the uniqueness attributed to Delhi with the aim that the residents of Delhi have a larger say in how Delhi is to be governed."

Reference is also essential to the 2006 landmark ruling in Kishansing Tomar vs Municipal Corporation of Ahmedabad, wherein the Apex Court held that barring natural or manmade calamities, local body elections should not be postponed. In the verdict, the apex court elaborated, "In our opinion, the entire provision in the Constitution was inserted to see that there should not be any delay in the constitution of the new municipality every five years," the court had explained. Hence, the postponement of MCD elections not only inflicts a dent in Election Commission's reputation but also goes against the mandate of the Supreme Court.

Federally, this new Act of 2022 has nullified these provisions to re-transfer several powers from the Delhi government to the Centre after 10 years. This act of sabotaging and subjugating federalism is a part of the BJP's master plan to take this nation towards autocracy and authoritarianism. The new law entitles the Centre to henceforth notify the total number of seats as well as reserved seats action against the MCD lawmakers on misappropriation of funds and corruption charges, delimitations, remuneration of employees, and a barrage of direct powers to the Centre.

However, the biggest gimmick that the ruling regime has played is manoeuvring through the new provision pertaining to the MCD commissioner, who is now accountable exclusively to the Central government. The hearsays in Lutyens' corridors highlight the proximity of the new Commissioner to the Central government.

Taking discretionary powers to the extreme, the new Act allows the Centre to appoint a "Special Officer" for discharging the functions of the MCD. As if the appointment of the Commissioner wasn't enough, it obtruded a new OSD under the above provision, who was once at squabble and strife with the AAP government in Delhi. During his posting in Delhi, the officer has discord with the Delhi government over several issues including the de-silting of drains and the proposal for the construction of the Barapullah Phase-3 elevated corridor. An October 2017 report of the Delhi Dialogue Commission stated that the officer, who was the then Principal Secretary, PWD, for "inordinate delay" in constructing the Barapullah Phase-3 elevated corridor.

Creating an administrative blunder throughout its rule in the MCD, it has taken the East and North MCDs to a mammoth budget deficit of over Rs 2,000 crore. The South MCD also is struggling with a budget deficit of Rs 500 crore. The annual income of the three MCDs through their revenues is Rs 67,00 crore against their expenditure of Rs 8,900 crore on salaries and pensions of their employees.

Despite not assisting the MCD with a single penny, bodies of the Union government are yet to pay huge amounts to the MCD. For example, the Delhi Development Authority (DDA) always has an arrear of payments to MCDs ranging from a few hundred to a few thousand crores. As per estimates, the ​​Central government needs to provide Rs 12,000 crores for ten years to the MCD for its flawless and efficient functioning.

On the upcoming chaos after the merger, the BJP government should come up with its master plan on debatable issues emanating from the decision including the plan to solve the issues of the new bureaucratic chain and command, new reservation status of wards, pending arrears and taxes based on different taxes in different parts of Delhi, the appointment of personnel, etc. Each of these problems has the capability of bringing the BJP to its wits' end.

The politics of deferral and demarcation by the BJP is certainly going to lead to trouble, turmoil, tumult, and turbulence. It reminds me of author Johnny B. Truant who once said, "There's a quote that says, "If you can't win the game, change the rules." So change some rules. Decide on your own game, the kind of game you might actually like to win. And win it." The BJP seems to have followed this principle yet again.

The writer is an advisor to Rajya Sabha MP Shri Sanjay Singh and a Spokesperson of the Aam Aadmi Party