The Centre has granted absolute powers to the Delhi lieutenant governor to constitute any authority, board and commission such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.
In a notification, the Union Home Ministry said the Delhi LG can also appoint members to such authority, board, commission or statutory bodies. Soon after the gazette notification was made public, Lieutenant Governor V K Saxena appointed presiding officers for MCD ward committee polls after Mayor Shelly Oberoi refused to do so saying her conscience does not allow her to participate in an 'undemocratic election process'.
The notification has been issued in pursuance of 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 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 constitution of any authority, board, commission or any statutory body by whatever name it may be called, or for appointment of any Government officer or ex officio member to such authority, board, commission or any statutory body,' the notification said.
Article 239 of the Constitution relates to the administration of the Union territories.
It says, '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.'
'Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers,' the Article 239 says.
Section 45D of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 relates to power to appoint authorities, boards, commissions or statutory bodies.
'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,' it says.
