Centre’s intervention in Delhi's COVID-19 situation constitutional: Experts

Amidst severe criticism for mismanagement of the Covid-19 crisis, government officials said the home minister’s involvement indicates that the situation is slipping out of hands.
Former Lok Sabha secretary-general and Constitutional expert Subhash C Kashyap
Former Lok Sabha secretary-general and Constitutional expert Subhash C Kashyap

NEW DELHI: Active participation and three rounds of meetings with stakeholders — Lieutenant government (L-G), chief minister, senior bureaucrats and leaders of political parties — by the Union Home Minister Amit Shah was perceived by many as the Centre’s attempt to wrest control of the national capital.  

Amidst severe criticism for mismanagement of the Covid-19 crisis, government officials said the home minister’s involvement indicates that the situation is slipping out of hands.

However, experts opined that provisions of the Disaster Management Act 2005, which is in force, empowers the Union government to intervene.

Former Lok Sabha secretary-general and Constitutional expert Subhash C Kashyap said, “Delhi is a Union Territory, which is administered by the union government. In certain areas, limited powers have been given but overriding powers are with the Union government. There is absolutely no problem so far as its constitutionality is concerened. It is not necessary that there should be a ‘complete failure’ of the government before Shah takes such action,” he said.

Former chief secretary of Delhi Omesh Saigal said, “The Act has provisions for three-level committees — National Disaster Management Authority (NDMA), a nodal central body with the Prime Minister as its Chairperson, at the state level it is chaired by L-G, and state executive committee headed by the chief secretary. So, it is perfectly justified. The Central government has overriding powers in Delhi, which is a union territory.”

He further stated the home minister could go to other states and give instruction but through the local government.

“In other states, the minister shouldn’t give direct instructions but he can always write to the government, which can depute an official. He can instruct the official,” Saigal explained.Shah had convened a meeting with L-G Anil Baijal, Chief Minister Arvind Kejriwal, and senior officials including chief secretary on Monday at his office.

Later, Shah also conducted a surprise check at Lok Nayak Hospital, the largest dedicated Covid facility under the Delhi government. In the meeting, attended by the hospital and district administration, Shah issued directions for course correction himself.

Centre should’ve acted earlier: Ex-chief secy

Former chief secretary of Delhi Omesh Saigal, said that considering ‘ill-preparedness’ and lower Covid testing rate in Delhi, the Centre should have acted earlier.

“After the minor flare-up with the L-G Baijal and locking horns with private hospitals over reservation of beds fro Covid patients, the government appeared to be more embroiled in combative mode with the administration rather than coronavirus for the past few weeks. Shah acted as guidance and the current regime was put on the back seat” said a government official.

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