• UGI USER
  • Jul 30, 2024
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DELHI COACHING CENTRE TRAGEDY: IN AAP-BJP FIGHT, PEOPLE ARE NEGLECTED

Relevance: GS – 2 – Issues and challenges pertaining to the federal structure; Important aspects of Governance, Transparency and accountability

Why in the News?

  • The recent tragic deaths of Shreya Yadav, Nivin Dalwin, and Tanya Soni on July 27, trapped in the basement of a civil services examination coaching centre in Delhi’s Old Rajinder Nagar, underscore governance lapses.
    • These incidents follow the electrocution of a young man, further highlighting administrative failures in the Capital.
  • The ongoing tussle between AAP and the BJP is contributing to these governance issues.

Governance Lapses in NCT of Delhi

  • Political Blame: The Aam Aadmi Party (AAP) has pointed to a lack of administrative powers as a reason for the governance failures.
    • In contrast, the Bharatiya Janata Party (BJP) has accused the AAP government of “criminal negligence,” demanding resignations from officials and calling the incident a “murder” of future leaders.
  • CM’s Incarceration: The Chief Minister’s incarceration exacerbates administrative issues.
    • No effective decision-making or guidance for ministers and officers.
    • The CM’s arrest case is being argued in the highest court, with calls for his bail as he is not a flight risk and has strong ties to India, including family responsibilities.
  • Negligence in Safety Regulations: The coaching center was operating in a basement that was not compliant with safety regulations.
    • The Municipal Corporation of Delhi (MCD) has since sealed off 13 other coaching centers for similar violations following public outcry and protests from students demanding accountability.
  • Administrative Dysfunction: The ongoing political tussle between AAP and BJP has led to a lack of effective governance.
    • AAP’s Urban Development Minister, Saurabh Bharadwaj, noted the lack of cooperation from officers, which hampers the administration’s ability to respond effectively to crises.

Challenges between Delhi and Central Government

  • Practical Difficulties of running govt from jail: With restrictions on online meetings (now two per week) and the impracticality of conducting necessary Cabinet meetings and handling numerous files.
  • Lack of Clear Leadership in AAP: The AAP government faces challenges in finding a successor to Kejriwal, as the party’s structure and functioning are heavily dependent on his dominance.
    • Also, the incarceration of potential successors like Manish Sisodia further complicates the situation.
  • Stalled Administrative Decisions: This leads to governance lapses and a breakdown of the constitutional machinery in the capital.
    • The election to appoint the Mayor and Deputy Mayor of the Municipal Corporation of Delhi (MCD) scheduled for April 26 was postponed due to the Lt. Governor’s refusal to appoint a presiding officer in the absence of inputs from the Chief Minister.
  • Control Over Administrative Services: The Supreme Court has affirmed that the Delhi government holds legislative and executive powers over administrative services, except for matters related to public order, police, and land.
    • Frequent Transfers of Officials: The Delhi government has experienced high turnover rates among officials, disrupting continuity and efficiency in governance.
    • Lack of Functional Control: The elected government struggles to manage civil servants effectively, facing challenges in addressing issues like vacancies and misconduct due to the LG’s oversight.
  • Administrative Deadlock and Decision-Making Challenges: The ongoing political crisis, exacerbated by Kejriwal’s arrest, has led to a governance deadlock.
    • Legal Battles and Calls for President’s Rule: Individuals have approached the High Court demanding Kejriwal’s removal from the Chief Minister’s post, claiming a breakdown of the constitutional machinery in the capital.
      • The Governor has hinted at the possibility of imposing President’s Rule in Delhi, citing the inability to run the government from jail.
      • However, experts believe the imposition of President’s Rule would undermine representative democracy and be a blow to the democratic aspirations of citizens in Delhi.
    • Conflicting Directives: Officials often find themselves caught between the directives of the elected government and the LG, leading to confusion and ineffective decision-making.
  • Transparency and Accountability Issues:
    • Limited Answerability: The Services Department, under the LG’s control, has often refused to provide information to Members of the Legislative Assembly (MLAs), limiting their ability to hold the government accountable.
    • Penalization of Efficient Officials: There are reports that honest and capable officials face punitive measures for their performance, creating an environment of fear that discourages effective governance and accountability. 
Reforms Needed to Overcome Challenges Between Delhi and Central Government

  • Grant Full Statehood to Delhi: Provide Delhi with full statehood to enhance its legislative and administrative autonomy, reducing dependence on the central government.
  • Reassess the Delhi Services Act: Review and amend the Delhi Services Act to ensure it aligns with democratic principles and does not undermine the authority of the elected government.
  • Strengthen Local Governance Structures: Empower local municipal bodies to enhance decision-making and service delivery, ensuring that local issues are addressed effectively.
  • Establish Clear Lines of Authority: Define and clarify the roles and responsibilities of the Lieutenant Governor and the elected government to minimize conflicts and confusion.
  • Enhance Accountability Mechanisms: Implement robust accountability frameworks for both the central and Delhi governments to ensure transparency in decision-making and service delivery.
  • Improve Communication and Coordination: Foster better communication and coordination between the central government and the Delhi government to facilitate smoother governance and policy implementation.
  • Regularize Transfers and Appointments: Create a stable environment for civil servants by regularizing transfers and appointments to maintain continuity and efficiency in governance.
  • Promote Citizen Participation: Encourage public participation in governance through forums and consultations, allowing citizens to voice their concerns and contribute to decision-making.
  • Establish a Conflict Resolution Mechanism: Create a mechanism for resolving disputes between the central and Delhi governments to address grievances and prevent escalation of conflicts.

Reforms regarding the Recent tragedy

  • Enhanced Safety Regulations: Implement stricter safety standards for coaching centers and other educational institutions, particularly regarding the use of basements for commercial activities.
  • Improved Infrastructure Management: Establish a comprehensive drainage and flood management system to prevent incidents like flooding in basements during heavy rains.
  • Accountability Mechanisms: Create clear accountability frameworks for officials responsible for safety inspections and infrastructure maintenance. This includes penalizing negligence and ensuring compliance with regulations.
  • Regular Safety Audits: Mandate regular safety audits of educational institutions, especially those operating in non-compliant facilities, to ensure adherence to safety protocols.
  • Public Awareness Campaigns: Launch campaigns to educate students and parents about safety regulations and the risks associated with unauthorized uses of spaces, such as basements.
  • Streamlined Emergency Response Protocols: Develop and implement efficient emergency response protocols for educational institutions to ensure quick action during crises.
  • Strengthening Local Governance: Empower local municipal bodies to enforce safety regulations and take proactive measures in maintaining public infrastructure.
  • Inter-Agency Coordination: Foster better coordination among various government agencies (MCD, Delhi Police, Fire Services) to ensure a unified approach to safety and emergency management.
  • Transparent Investigation Processes: Ensure that investigations into safety violations and incidents are conducted transparently and with public accountability.
  • Community Engagement: Involve local communities and student bodies in discussions about safety and governance, allowing them to voice concerns and suggestions.
  • Legislative Review: Review and amend existing legislation related to building safety and educational institutions to close loopholes that allow for unsafe practices.
  • Crisis Management Training: Provide training for staff at educational institutions on crisis management and emergency response to enhance preparedness.

Alternative article:

https://universalinstitutions.com/l-g-should-allow-kejriwal-full-legal-recourse/

Source: https://indianexpress.com/article/opinion/columns/delhi-upsc-coaching-centre-tragedy-aap-bjp-people-neglect-9482808/

Mains question

Examine the administrative and political challenges faced by Delhi’s governance structure amidst the incarceration of key leaders. Highlight the issues of governance efficiency with constitutional provisions. (250 words)