In a direct confrontation with the Centre, the AAP Government has prepared a ‘concept note’ for carrying out a referendum on the issue of Statehood to the national Capital. The Government is also planning to come out with an Act in this regard.
There are indications that the Government would be vociferously debating the Statehood issue in the coming 10-day Assembly Session, beginning November 18. Once the Assembly puts its stamp on the proposal, the Government will reportedly initiate the process of referendum for full Statehood.
According to approach paper, three months time are required to hold the referendum after the approval. The Government intends to carry out the referendum through use of technology with the help of updated electoral rolls in the polling stations. The Delhi Government’s Revenue Department will reportedly anchor the referendum process under the overall guidance of the Urban Development (UD) Department. The Urban Development Principal Secretary is said to have been entrusted the overall job, from the concept note to the conclusion, of the referendum.
Top sources told The Pioneer that the issue has been discussed at a high-level meeting chaired by Chief Minister Arvind Kejriwal while reviewing of Deputy Chief Minister Manish Sisodia’s departments last month. A copy of the document accessed by this newspaper reveals that file has been under submission to the competent authority. The document, however, did not spell out the details on the nomenclature of the so-called Competent Authority.
According to sources, the Kejriwal Government has been demanding full control over the national Capital while the Centre is reluctant to grant full Statehood.
Former Secretary, Delhi Assembly, SK Sharma, had gone on record saying an elected Government shouldn’t talk in an extra-constitutional manner, which is dangerous. Officials say despite reservations expressed by experts, the AAP Government is keen to hold referendum on the issue of Statehood for Delhi and Chief Minister Arvind Kejriwal is said to have already sent a note to various departments, asking them to “draft a law and create machinery for” such a practice constitutionally.
Delhi is a quasi-State with the lieutenant Governor (l-G) as its head. The l-G also has control over law and order and land in the National Capital Territory (NCT). The status of Delhi is more than that of a Union Territory and less than a State. But constitutional experts say the idea of achieving full Statehood for Delhi through referendum was not only an impractical proposition but unconstitutional as well.
Experts argue that as a democratic nation, India holds election every five years that serves as referendum of the people of this country. In 1911, when India’s capital was shifted from Kolkata to Delhi, the British Government ensured not to bring Delhi under a State, but it was given the status of Capital of British India.
Even the States Reorganisation Act, 1956, didn’t merge Delhi with any other State and left it as the national Capital.
In 1987, ‘Sarkaria Committee’ (later called Balakrishnan Committee) was appointed to look into the issues connected with the administration of Delhi and the report was submitted in 1989. In accordance with the recommendations of the Committee, Parliament passed ‘The Government of National Capital Territory of Delhi Act, 1991’, besides other legislations. Granting full statehood to Delhi was ruled out.