Centre gives full authority to Delhi LG to establish any board or commission, appoint members

The Centre has given full authority to the Delhi Lieutenant Governor to establish any authority, board, or commission such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission. According to a notification from the Union Home Ministry, the Delhi LG can also appoint members to these bodies.

Following the gazette notification, Lieutenant Governor V K Saxena appointed presiding officers for MCD ward committee polls after Mayor Shelly Oberoi declined to do so, citing her conscience and calling the process undemocratic. The notification was issued under clause (1) of article 239 of the Constitution and 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 Indian Constitution pertains to the administration of Union territories. It states that unless otherwise specified by Parliament, every Union territory shall be administered by the President through an appointed administrator. The President may also appoint the Governor of a State as the administrator of an adjoining Union territory, and in such cases, the Governor will act independently of his Council of Ministers.

Section 45D of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 pertains to the authority to appoint officials, 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.