Scrutiny power

Administration of Delhi

• Delhi – sandwiched between UP and Haryana.

• NCT or The National Capital Territory of Delhi.
 Area – 1,500 sq.km.
 Includes parts of Haryana, Uttar Pradesh, and Rajasthan.

• States Reorganization Act, 1956 created the UT of Delhi – governed by a Lieutenant Governor.

• L-G acted on the advice of the Central government – answerable to the President of India.

• 1966 – the Delhi Administration Act brought
the Delhi Metropolitan Council.
 56 elected and 5 nominated members.
 Headed by the Lieutenant Governor.
 No legislative powers.
 Advisory role in the Government of Delhi.

The Constitution (69th Amendment) Act

 Inserted Article 239A and 239AB.
 Advisory Council replaced by a full-fledged Legislative Assembly.
 Delhi became a Special Union Territory and known as the NCT of Delhi.

 L-G – huge powers vested – appointed by President on the advise of Centre.
 Land, Law & order and Police – retained in
centre’s control.

• Delhi Government
 No control over 3 primary bodies – Reserved Subjects.

1. Delhi Development Authority (DDA).
2. Delhi Police.
3. Municipal Corporation of Delhi (MCD).
    Complete control – PWD, Delhi Jal Board,
   Ministry of Power, Health & Sanitation, and
   Transport & Education

• Power struggle between central govt and NCR govt.

• 2018 SC judgment – L-G should act on the advice of the elected government.
 Except on three reserved subjects – police, public order and land – discretion of L-

Issue

• Committee of Delhi Assembly summoned a
senior official of Facebook:
 Accusation – spreading fake news and triggering widespread violence.
• Facebook resisted summons on grounds –

1. It is beyond the powers of the legislature.
2. IT Act is a central law and Delhi legislature has no jurisdiction.
3. L&O is a subject of centre – Delhi legislature has no jurisdiction.
   Supreme court verdict
4. • Upheld the authority of the committee of Delhi
   Assembly – to summon the senior official of Facebook
5. • Legislative Assembly does not only perform the function of legislating – also has “inquisitorial” and “recommendatory” powers.

• Implications
 Emphasised the importance of federalism and importance of elected government at the NCR level.
 Social media platforms’ responsibility toward the many legislatures will increase – avenue for scrutiny of social media platforms by other States.