Modi govt empowers Delhi govt to create, appoint members of boards and panels

The union government led by Prime Minister Narendra Modi has given absolute powers to the Lieutenant Governor of Delhi (L-G) to set up all bodies, boards and commissions, such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.

In a notification issued on Tuesday, the Ministry of Home Affairs said the Delhi local government can also appoint members to such bodies, boards, commissions or statutory bodies.

The new presidential order is likely to lead to a fresh clash between the lieutenant governor and the ruling Aam Aadmi Party in the capital.

LG VK Saxena appoints MCD CEOs

Soon after the gazette advertisement was published, LG VK Saxena appointed MCD constituency election committee chairmen after Mayor Shelly Oberoi refused to do so, saying her conscience would not allow her to participate in the “undemocratic electoral process”.

The notification has been issued under clause (1) of Article 239 of the Constitution read with Section 45D of the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992).

“The President hereby directs the Lieutenant Governor of the National Capital Territory of Delhi, subject to the supervision of the President and until further orders, to exercise the powers of the President under clause (a) of Section 45D of the said Act in respect of establishing any authority, board, commission or statutory body by any name or appointing any government officer or ex officio member of any such authority, board, commission or statutory body,” the notification said.

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

“Unless otherwise provided by law by Parliament, each Union Territory shall be administered by the President, acting to such extent as he thinks fit, through an Administrator whom he shall appoint and whom he shall specify,” the notification reads.

Pre-order

In 2023, President Droupadi Murmu gave her assent to the Government of National Capital Territory of Delhi (Amendment) Bill 2023, which stated that all transfers and postings of officials would now be made by the National Capital Civil Services Authority (NCCSA). The panel is chaired by Chief Minister Arvind Kejriwal and has two senior Delhi government officials as members.

“Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as Administrator of a neighbouring Union Territory and in case of appointment of a Governor, he shall exercise his functions as Administrator independently of his Council of Ministers,” says Article 239.

Section 45D of the Government of Capital Territory of Delhi (Amendment) Act, 2023 deals with the power to appoint any authority, board, commission or statutory body.

“Notwithstanding anything contained in any other law for the time being in force, every authority, council, commission or any statutory body, by whatever name called, or any officer or member of any such body, established or appointed by or under any law made by Parliament for the time being in force applicable to the Capital Territory of Delhi, shall be established, appointed or nominated by the President,” the notification reads.

“…and any law made by the Legislative Assembly of the Capital Territory of Delhi for the time being in force, the Authority shall recommend to a panel of suitable persons for appointment, appointment or nomination by the Lt. Governor in accordance with the provisions of section 45H,” the document said.

“Waste of taxpayers’ money”

The President’s latest order came on a day when AAP leader and minister Saurabh Bharadwaj attacked LG VK Saxena, accusing him of “wasting” taxpayers’ money on improving his image on social media, calling it a “conspiracy” to influence voters ahead of the assembly elections in the national capital.

“LG sir has such a desire to become famous. Instead, he wants to become famous by paying from Delhi taxpayers’ money. It’s a shame,” PTI quoted Bharadwaj as saying.