The Prime Minister Narendra Modi-led Union government has granted absolute powers to the Delhi Lieutenant Governor (L-G) to constitute any authority, board and commission such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.
In a notification issued on Tuesday, the Union Home Ministry said the Delhi L-G can also appoint members to such authority, board, commission or statutory bodies.
The new Presidential order is likely to trigger a fresh showdown between the lieutenant governor and the ruling Aam Aadmi Party government in the capital.
Soon after the gazette notification was made public, L-G 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.
"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," reads the notification.
In 2023, the President Droupadi Murmu gave her assent to the Government of National Capital Territory of Delhi (Amendment) Bill 2023, which ruled that all transfers and postings of officers will now be done by the National Capital Civil Services Authority (NCCSA). This panel is chaired by Chief Minister Arvind Kejriwal with two senior Delhi government bureaucrats as members.
"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,” reads the notification.
"…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.
The latest Presidential order came on a day when AAP leader and minister Saurabh Bharadwaj hit out at L-G VK Saxena, alleging that he was planning to "waste" taxpayers' money to boost his image through social media and called it a "conspiracy" to influence voters before 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 is a matter of shame,” PTI quoted Bharadwaj as saying.
