New Powers Granted to Delhi’s Lieutenant Governor: A Comprehensive Overview
The recent notification from the Union Home Ministry has significantly expanded the powers of the Lieutenant Governor (LG) of Delhi, placing considerable authority in their hands. Here’s a breakdown of the key changes and their implications:
Expanded Authority of the Lieutenant Governor
1. Constituting Authorities and Boards:
Previously, the power to constitute various authorities, boards, and commissions, such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission, was not exclusively vested in the LG. The new notification, however, grants the LG absolute authority to create and oversee these entities. This means the LG now has the sole discretion to establish and manage statutory bodies and commissions.
2. Appointments to Bodies and Commissions:
In addition to creating these bodies, the LG can now also appoint members to them. This change centralizes the power of appointment in the hands of the LG, bypassing any previous involvement of other governmental bodies or officials in this process.
Changes from Previous Administration
1. Shift in Power Dynamics:
Under previous arrangements, the Delhi government and its officials, including the Chief Minister and various departmental heads, had a more significant role in the formation and functioning of statutory bodies. The new directive shifts these responsibilities away from the Delhi government, granting the LG greater control.
2. Recent Developments:
Following the notification, LG V. K. Saxena has acted on this newfound authority by appointing presiding officers for the MCD ward committee elections. This action came after Mayor Shelly Oberoi refused to engage in the process, citing concerns over its democratic integrity.
Legal and Constitutional Basis
1. Article 239 of the Constitution:
This article outlines the administration of Union territories, stating that the President administers these regions through an appointed administrator, in this case, the Delhi LG. The article provides the constitutional backing for the President’s directives, which the LG now executes.
2. Section 45D of the Government of National Capital Territory of Delhi Act:
The amendment under Section 45D reaffirms that the President has the authority to appoint members and constitute bodies for Delhi. The recent notification aligns with this section, emphasizing that the LG will exercise these powers, as directed by the President.
In summary, the new notification centralizes the powers of the Delhi Lieutenant Governor, significantly altering the governance structure by expanding the LG’s role in constituting and appointing members to various statutory bodies.
