Governing without Statehood: The National Capital Territory of Delhi and the Constitutional Limits of Asymmetric Federalism in India

Abstract The National Capital Territory (NCT) of Delhi in India is an example of “governance without statehood”. It poses a critical challenge to the applicability of asymmetric federalism within the country's quasi-federal constitutional structure. The legislative assembly of Delhi, created by Article 239AA of the Constitution[1], has powers over almost all subjects in the State List but remains subject to the Lieutenant Governor (LG) and the central government with respect to land, police, public order, and services, thereby creating a situation of chronic governance failure. This paper will conduct a doctrinal analysis of the constitutional provisions and Supreme Court decisions, emphasizing the decisions of 2018 and 2023 on the powers of the LG and control over services, and also present case studies of the instances of executive-legislative deadlock (including the AAP government’s tussles with the Union government since 2015). The thesis argues that the ambiguous demarcation of the executive's powers under Article 239AA undermines cooperative federalism by placing greater emphasis on the center's override than on democratic accountability, thereby impairing policy efficacy for Delhi's 20 million people. The argument proceeds along a historical continuum from the 69th Amendment in 1991 to the current inefficiencies, juxtaposed with other models such as Washington, D.C., and Puducherry. The reformist theses put forward are constitutional changes to remove ambiguities in power-sharing, the creation of joint councils on the lines of the Goods and Services Tax (GST) model, or the application of the principle of limited statehood as a way of harmonizing the demands of the national capital with the demands of local autonomy.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-07-30
DOI
https://doi.org/10.5281/zenodo.21708770
Primary Topic
South Asian Studies and Conflicts
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Governing without Statehood: The National Capital Territory of Delhi and the Constitutional Limits of Asymmetric Federalism in India

Sajal Singh Thakur, Neha Tiwari2
Zenodo (CERN European Organization for Nuclear Research)
South Asian Studies and Conflicts
article

Governing without Statehood: The National Capital Territory of Delhi and the Constitutional Limits of Asymmetric Federalism in India

Sajal Singh Thakur, Neha Tiwari2
article en

Abstract

Abstract The National Capital Territory (NCT) of Delhi in India is an example of “governance without statehood”. It poses a critical challenge to the applicability of asymmetric federalism within the country's quasi-federal constitutional structure. The legislative assembly of Delhi, created by Article 239AA of the Constitution[1], has powers over almost all subjects in the State List but remains subject to the Lieutenant Governor (LG) and the central government with respect to land, police, public order, and services, thereby creating a situation of chronic governance failure. This paper will conduct a doctrinal analysis of the constitutional provisions and Supreme Court decisions, emphasizing the decisions of 2018 and 2023 on the powers of the LG and control over services, and also present case studies of the instances of executive-legislative deadlock (including the AAP government’s tussles with the Union government since 2015). The thesis argues that the ambiguous demarcation of the executive's powers under Article 239AA undermines cooperative federalism by placing greater emphasis on the center's override than on democratic accountability, thereby impairing policy efficacy for Delhi's 20 million people. The argument proceeds along a historical continuum from the 69th Amendment in 1991 to the current inefficiencies, juxtaposed with other models such as Washington, D.C., and Puducherry. The reformist theses put forward are constitutional changes to remove ambiguities in power-sharing, the creation of joint councils on the lines of the Goods and Services Tax (GST) model, or the application of the principle of limited statehood as a way of harmonizing the demands of the national capital with the demands of local autonomy.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
South Asian Studies and Conflicts
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.