The AAP govt. in Delhi demand for a status of state for Delhi. Presently, Delhi doesn’t enjoy status of a state. It has an elected assembly but is does not have police and land powers.
Demand for stat rood for Delhi has led to defences between AAP govt. and central govt.
Whether statehood should be given to Delhi?
Elected representatives from Delhi will be able to able to exercise power according to will of people of Delhi .
If land and police powers are given to Delhi govt., then there powers may be misused against central govt. officials positioned in Delhi.
Present Status of Delhi is given under Art 239A
1. UT of Delhi shall be called National capital territory of Delhi and administrator of Delhi shall be called Lieutenant Governor.
2. There shall be a separate Legislative assembly and Council of Ministers for Delhi.
3. Legislative assembly shall have the power to make laws on all matters of state and concurrent list with the exception of public order, police and land.
However, Parliament also has the power to make laws with respect to any matter (mentioned in all the three lists) relating to Delhi.
In case of conflict between law made by legislative assembly and law made by Parliament with respect to a particular matter, law made by Parliament shall prevail. However, law made by legislative assembly can prevail if the law has been reserved for the consideration of the President and has received assent from the President.
4. The strength of Council of Ministers shall not exceed 10% of total strength of the legislative assembly.(The strength of Legislative assembly of Delhi is 70 members).
5. Lieutenant Governor is required to act in accordance with the aid and advice of Council of Ministers except in those matters where he is required to act in his own discretion.