Federalism in India has lately been going through a tumultuous phase owing to a growing centralising drift in centre-state relations particularly in the last decade or so. Every now and then, the central government is in a constant tussle with the opposition ruled States and Union Territories (UTs). This is despite an elaborate constitutional framework on the distribution of powers between the Centre and the federal units. Needless to say, one of the many distinguishing features of India’s federal principle has been its asymmetrical skew in favour of some States due to special historical and political reasons that define their relationship with the Union.
The confrontational relationship of the Centre with the States and the UTs has played out in myriad ways. While there have been egregious instances of the misuse of the offices of Governors to overthrow elected governments in different States in recent past, the power battle between the Centre and the elected government of National Capital Territory (NCT) of Delhi on the question of control over ‘civil services’ particularly since 2015 best exemplifies the growing centralising drift.
However, after a series of chequered judicial interventions since 2015, on 11 May 2023, a five judge Constitution Bench of the Supreme Court, through a unanimous judgement, authored by Chief Justice of India DY Chandrachud, finally settled the Delhi power tussle in favour of its elected government, and rightly so.