Setback for Arvind Kejriwal? Centre grants Delhi LG extensive powers to constitute authorities

In a significant move, the Centre has granted the Lieutenant Governor (LG) of Delhi, VK Saxena sweeping powers to establish various authorities, boards, and commissions, including entities like the Delhi Commission for Women and the Delhi Electricity Regulatory Commission. This directive empowers the Delhi LG not only to form such bodies but also to appoint members to them.

President delegates Delhi LG the power to form and appoint members to any authority, board, commission, or statutory body under laws enacted by Parliament for Delhi: MHA pic.twitter.com/Ra9p3HfLDX

— ANI (@ANI) September 3, 2024

Rights To Exercise Presidential Powers

The Union Home Ministry issued a notification detailing this empowerment, citing Clause (1) of Article 239 of the Indian Constitution in conjunction with Section 45D of the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992). The notification specifies that the President has directed the Delhi LG to exercise presidential powers under Clause (a) of Section 45D. This directive allows the LG to form any authority, board, commission, or statutory body, and to appoint government officers or ex officio members to these bodies.

Powers under Article 239 

Article 239 of the Constitution deals with the administration of Union territories. It states, "Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify." Additionally, the Article allows for the appointment of a State Governor as the administrator of an adjacent Union territory, with the administrator functioning independently of their Council of Ministers.

Powers Under Section 45D

Section 45D of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 outlines the authority to appoint various statutory bodies. It asserts, "Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, by whatever name it may be called, or any office bearer or member thereof, constituted or appointed by or under any law made by the Parliament for the time being in force, applicable to the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President; and any law made by the Legislative Assembly of National Capital Territory of Delhi for the time being in force, the Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor, in accordance with the provisions of section 45H."

This new directive reflects the central government's intent to centralize control over key administrative appointments and regulatory bodies within Delhi, shifting significant responsibilities to the Delhi LG.