New Delhi: In a significant move, President Draupadi Murmu has expanded the powers of the Lieutenant Governor (LG) of Delhi, Vinai Kumar Saxena. The LG now has the authority to form and appoint members to various authorities, boards, commissions, and statutory bodies in the capital, a power previously held by the Delhi government.
The Union Home Ministry announced this change through a notification issued late Tuesday night. This decision is by the National Capital Territory of Delhi Government Act, 1991. The Home Ministry stated that the President’s decision aligns with laws enacted by Parliament for Delhi.
Key Changes and Immediate Actions
The notification specifies that the LG can now appoint members to any authority, board, commission, or statutory body. Following the publication of this gazette notification, LG V. K. Saxena promptly appointed presiding officers for the Municipal Corporation of Delhi (MCD) ward committee elections. This action came after Mayor Shelly Oberoi refused to participate, citing concerns over the democratic integrity of the election process.
Legal Framework and Constitutional Basis
The notification was issued under Section 45D of the Government of National Capital Territory of Delhi Act, 1991, read with Clause (1) of Article 239 of the Constitution. Article 239 deals with the administration of Union Territories, allowing the President to administer these regions through an appointed administrator, in this case, the LG of Delhi.
Broader Implications and Historical Context
This move follows a similar expansion of powers for the LG of Jammu and Kashmir earlier this year. On July 13, the Central Government increased the administrative powers of the LG of Jammu and Kashmir, making it mandatory for the state government to seek the LG’s approval for posting and transferring officers. The Home Ministry had notified these changes under Section 55 of the Jammu and Kashmir Reorganization Act, 2019, granting the LG more authority over police, law and order, and All India Services (AIS).
Potential Impact on Governance
This expansion of powers is likely to shift the balance of administrative control in Delhi, centralizing more authority with the LG and potentially leading to tensions with the elected Delhi government. The move underscores the ongoing changes in the governance structure of Union Territories in India, reflecting a trend towards greater central oversight.
