If the extraordinary sweep of the Aam Aadmi Party’s victory in the Delhi election has a sobering effect on it, and it is serious about its obligation to govern unlike the last time it held power, then it would engage the Centre in serious conversation about its development agenda.
The AAP would be called upon to regard the BJP as an interlocutor for the good of Delhi and not a party with which it must remain at loggerheads as at election time. This matter is intrinsically linked to constitutional questions.
Since Delhi is not a state in a traditional sense, much of what goes on here is governed by the Union government. The Constitution 69th Amendment Act of 1991 conferred statehood on Delhi, but held back on crucial issues. Land, law and order and police are squarely with the Centre, as ordained by Article 239 AA of the Constitution.
If the AAP leadership wishes to keep its manifesto promise of full statehood for Delhi, its chief minister-designate, Arvind Kejriwal, will have to persuade the ruling party at the Centre of the merits of the case and urge it to bring a Constitution amendment.
If the law is not amended, Delhi also can’t have control over the police, a long-standing demand voiced by many. Since land in Delhi is not a state subject, even to build schools and hospitals the state government has to negotiate with the Centre. After its massive defeat, it is possible the BJP may be inclined to look at the merits of the case.
