My views and analysis on Constitutional crisis in Delhi: AAP vs LG

Interference in working of democratically elected government, is a serious matter of concern. It hampers the vision with which the government was elected (stated in manifesto). 

Delhi occupies the special status in the constitution, as per National Capital Territory of Delhi Act 1991. According to it, it has legislative assembly of its own and council of ministers. However, being a union territory, it is administered by President via Lieutenant Governor. There is conflict when, Lieutenant Governor, interferes in the working of council of ministers headed by Chief Minister. 

In recent past, there have been numerous such conflicts. Most recently, there have been strike of IAS officers, owing to the assault met by a senior IAS officer, Anshu Prakash, at the residence of Chief Minister. In its response, the council of ministers have resorted to hunger strike at LG's official residence.

Reasons for conflict

1. Root of the conflict can be: the ruling party at Delhi is different from the party currently in power at the centre, for e.g. there have been similar incidences of conflicts seen in Puducherry, where the Lieutenant Governor appointed, belong to different party than the party currently in power in the state.

2. LG is appointed by the President. With the President bound by the advice of council of ministers by Art 74, LG appointed is often the will of council of ministers. If the party at the centre has absolute majority, the interference by the central government increases. Because the administrator appointed is the agent of the President. 

3. This constitutional scheme of administering the union territory via an administrator (Art 239)was formulated with different intention. Intention was definitely not interference. The motive was that president should be informed of important decisions taken by the council of ministers. This was important keeping in mind the federal structure of the country: centre, states and union territories. Union territories were entities, which were directly administered by the centre, owing to special provisions. These provisions were: geographic location, the demography, the linguistic factors if any. 

So, due to the above reasons, the decisions of the ministers to be communicated to the president, hold sense. However, the interference soon became inevitable in Delhi and Puducherry. These are the only states which have legislature of their own and council of ministers. The agendas of the elected government  in these union territories (belonging to a party different from that of central government) often increases the conflict.

Resolving the conflict

1. The constitutional discourse is the best discourse. However, in constitution, wisdom of administering the union territories with legislature (Delhi and Puducherry) are not defined. And, it is not possible to define such limits. Therefore, the accountability of the government to the people, is the only criteria, to excel in. This will be possible, only by avoiding conflict with Lieutentant Governor. 

2. Even if there is undue interference from the central government, the court of law can come to rescue. Supreme court is the final interpreter of the constitution and, an appeal can be filed. The appeal will relate to federal scheme of the constitution. This will help in resolving the conflict.

Can also write one point in resolving the confict:
Art 239 which states that LG will act independently of the aid and advise of council of ministers, Do we need this provision? Can it be diluted ? Because the virtual veto of LG is anyway creating the problem.
It would be wise to be a much less legal and constitutional frameowrk. Diluting constitutional provisions: by amendments, can be a way forward. 
So, it can be best written in one line - "exisiting constitutional frameowrk for the administration of Delhi to be reviewed to make the elected government less dependent on the Lt. Governor" (taken from Hindu, Letters to the Editor.

Air India strategic divestment: Ways & Means to Achieve

The government has been mulling over the idea of strategic sale in Air India, from quite some time. But it has not realised its goals. The government plans to sell 74% stake in the national carrier. However, there are few takers. The reason being the government wants to retain its decision making abilities regarding employees restructuring. Also, a mandatory condition that the foreign taker, will need to take within its ambit, thousands of employees. In other words, restructuring of employees will be the prime responsibility of the foreign investor. Such pre conditions have kept the foreign investors away from acquiring majority stake. 

Let us analyse how it can be achieved. The solutions need to be multi pronged. Innovative ones will be appreciated. 

1. Divide the employees into several groups. Each group of employees shall be transferred to other public sector companies. No cost will be accrued from the employees in the process. The groups will be based on the liking of the employees to join sectors such as energy, petrochemicals, steel, construction, banking, transport, communication, etc. The sectors mandatorily need to be public. After they are absorbed, 74% to be divested to the investor. Because employee restructuring is the point of concern.

2. Drop the idea of 74% divestment. Take risk and go for 100% divestment. The government may have a plan B, if this fails. But not having plan B, will not do much harm. Remember, greater the risk, greater the benefit. (Plan B can be a MoU with the investor that, after privatisation, the competition shall be fair, in accordance with the rules, with other private organisations. Competition Commission of India will have a bird's eye view in case, the privatisation turn bad.)

3. Make it mandatory, for minimum 2 investors to acquire the stake. The combination can be 50%:24%: 26%. Where 50% and 24% goes to the two investors and 26% comes to the government. the benefit from this will be two fold. First, the employee restructuring now needs to be done among 3 players. Two private players and the government. More the number of players, more hassle free will be restructuring. Or the combination can be 25%:49%:26%, where the government will have only a slight upper hand, as compared to the investor with 25% stake. This will make the private investors more comfortable(because government decision making ability will be diluted)

4. Offer the gulf nations carrier special advantage if they acquire a stake in Air India (considering that there is an open sky policy with some of the gulf nations). Added advantages can be, sipulating certain norms/MoUs with nations like Saudi Arabia, where government will ensure minimum number of passengers to Haj every year via Air India.

5. On similar lines, added advantages can also be offered to ASEAN nations like Malaysia, Singapore and Pacific Island nations like Fiji. We have a substantial India diaspora in these nations. 

These 5 ideas are out of box and provides means to achieve the objectives. Where there is a will, there is a way!

Let us talk about UPSC

I faced many failures before and after I took up UPSC exam. Prominent among them were failures in 2016 and 2017 prelims. Because I had prepared well in these attempts. But after I took up the exam, I realised, the preparation was not what was required by UPSC. After I failed in 2017, I made up my mind, no matter what, I have to achieve the goal. But obstacles were mid way.

I never let obstacles steal my dream of becoming an IAS. I frequently reminded the famous saying, "Koshish karne walo ki kabhi haar nahi hoti". I do not remember who said this. But the saying seems true to me. 

IAS is not the end, but a means for me to contribute towards the society. To give back, what I got. As of now, I am still in the mid of journey. And I do not know when it will last. Because, I have put God first; to decide this. For now, I am still struggling to compete with students to clear prelims.

And one day, I will clear prelims and get a chance to write mains. That will be my first and last mains. IAS is achievable, and not a mirage.