The democratic mandate in Delhi

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 The democratic mandate in Delhi

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• Success of nations: When institutions of governance fail, nations fail. Statesmanship of the elected decides the working of a democracy. (Justice DY Chandrachud, in Govt.of NCT Delhi v/s Union of India)
• The sad story of Pakistan: When individuals manipulate institutions, disasters unfold. 
1. A founder of Mahindra and Mohammed, Sir Malik Ghulam Muhammed was from Indian Railways 
2. He became the first finance minister of Pakistan, under Liaquat Ali Khan 
3. Liaquat was killed, and Governor General Khawaja Nazimuddin became PM, and Muhammed the GG 
4. Language riots in East Pakistan in 1950s : The GG dismissed the PM and used the GoI Act 1935’s powers 
5. Constituent Assembly tried curtailing his powers, and got dismissed in 1954! Its appeal in Pak SC was lost. 
6. GG Ghulam Muhammed fell ill, and appointed Iskander Mirza as Acting GG, who dismissed the GG!
7. Pak adopted the Constitution in 1956, and Mirza became President. Appointed General Ayub Khan as Army Chief. 
8. In 1958, Ayub Khan overthrew Iskander Mirza. Martial law challenged but SC applied doctrine of necessity.
• Judicial interpretations: Wrongly used, they made martial law legal in Pakistan. In a similar vein, Najeeb Jung and Anil Baijal as the Delhi LGs played the Governor General’s role! Using a proviso to the Article 239AA, they kept referring many matters to the President, while acting on their own discretion.  CONCEPT
• Aid and advice of the elected government: The LG practically told the 20 million residents of Delhi that if he did not desire so, the elected Govt. could not govern. That’s almost a constitutional coup (refer Pakistan example).
• No bureaucratic usurpation of power: Unlike Pakistan, the Indian S.C. made it clear that democratically elected govts. will always override all nominated and unelected authorities. Absolutism and anarchy are not allowed.
• Specific aspects: “In a cabinet form of government, the substantive power of decision making vests in the Council of Ministers with CM as its head. Aid and advice principle in Article 239 AA(4) recognises this”.
• Apolitical governance: The loss of 3.5 years out of 5 in this wrangle, has harmed the bureaucracy as its reputation for apolitical governance is gone. In all of this, only the S.C. has kept the flag flying high.
• Summary : The constitutional misinterpretation of Article 239 AA has harmed everyone, and only due to the Supreme Court have the ideals been not destroyed.

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