Modi government gives Delhi Lieutenant Governor the power to constitute and appoint members of boards and panels | Mint

The Central Government led by Prime Minister Narendra Modi has given full powers to the Lieutenant Governor (LG) of Delhi to constitute any authority, board and commission like Delhi Commission for Women and Delhi Electricity Regulatory Commission.

In a notification issued on Tuesday, the Union Home Ministry said that the Lieutenant Governor of Delhi can also appoint members to such authorities, boards, commissions or statutory bodies.

The President’s new order is likely to trigger a fresh confrontation between the Lieutenant Governor and the Aam Aadmi Party government ruling in the capital.

LG VK Saxena appoints presiding officers of MCD

Soon after the gazette notification was made public, LG VK Saxena appointed presiding officers for the MCD ward committee elections after Mayor Shelly Oberoi refused to do so, saying her conscience did not allow her to participate in the “undemocratic election process”.

This notification has been issued in pursuance of section 45D of the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992) read with clause (1) of article 239 of the Constitution of India.

The notification said, “The President hereby directs that the Lieutenant Governor of the National Capital Territory of Delhi shall, subject to the control of the President and until further orders, exercise the powers of the President under clause (a) of section 45D of the said Act for the constitution of any authority, board, commission or any statutory body, by whatever name called, or for the appointment of any Government officer or ex officio member to such authority, board, commission or any statutory body.”

Article 239 of the Constitution deals with the administration of Union Territories.

The notification says, “Save as Parliament by law otherwise provides, each Union Territory shall be administered by the President to such extent as he may deem fit, and shall be administered through an Administrator appointed by him with such designation as he may specify.”

first order

In 2023, President Draupadi Murmu gave her assent to the Government of National Capital Territory of Delhi (Amendment) Bill 2023, which stated that all transfers and appointments of officers will now be done by the National Capital Civil Services Authority (NCCSA). The panel is headed by Chief Minister Arvind Kejriwal and has two senior Delhi government bureaucrats as its members.

Article 239 states, “Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State to be the Administrator of an adjoining Union territory, and where the Governor is so appointed, he shall exercise his functions as such Administrator independently of his Council of Ministers.”

Section 45D of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 deals with the power to appoint authorities, boards, commissions or statutory bodies.

The notification said, “Notwithstanding anything contained in any other law for the time being in force, no authority, board, commission or any statutory body, by whatever name called, or any officer or member thereof, constituted or appointed under any law made by Parliament applicable to the National Capital Territory of Delhi, shall be constituted, appointed or nominated by the President.”

It says, “…and subject to the effect of any law made by the Legislative Assembly of the National Capital Territory of Delhi, the Authority shall recommend a panel of suitable persons for constitution, appointment or nomination by the Lieutenant Governor in accordance with the provisions of section 45H.”

‘Waste of taxpayers’ money’

The President’s latest order came on a day when AAP leader and minister Saurabh Bharadwaj hit out at Lieutenant Governor VK Saxena, alleging that he was planning to waste taxpayers’ money to polish his image through social media. He called it a conspiracy to influence voters ahead of the assembly elections in the national capital.

“LG sahab has a great desire to become famous. Instead, he wants to become famous by paying with the money of Delhi taxpayers. This is a matter of shame,” PTI quoted Bhardwaj as saying.