Just before the MCD committee elections, the Centre increased LG’s power, now he will be able to form commissions and boards and also make appointments

Just before the elections of 12 ward committees in MCD, the central government has increased the powers of the Lieutenant Governor of Delhi. Its notification has been issued. LG has now been given full authority to form any authority, board and commission like Delhi Women’s Commission, Delhi Electricity Regulatory Commission. The gazette notification said, ‘The President has entrusted the power to form and appoint members of any authority, board, commission or statutory body for Delhi under the laws enacted by Parliament to the Lieutenant Governor.’

Soon after the gazette notification was made public, Lieutenant Governor VK Saxena has taken a big step and appointed presiding officers for the MCD ward committee elections. Earlier on Tuesday late evening, Mayor Shaili Oberoi had refused to appoint presiding officers to conduct the elections. Shaili said that her conscience does not allow her to participate in the ‘undemocratic election process’. Now the Lieutenant Governor has ordered that elections for the posts of Chairman, Vice-Chairman and Standing Committee members will be held as per the scheduled programme (September 4).

Also read: MCD: Ward committee elections scheduled for Wednesday postponed, Mayor Shelly Oberoi refuses to appoint presiding officer

What did the notification say?

For now, the notification has been issued under 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 the constitution of any authority, board, commission or any statutory body, by whatever name called, and for the 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 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 to such extent as he may deem fit, through an Administrator whom he shall appoint with such designation as he may specify.”

Also read: Delhi: Power game changed overnight before the election of 12 committees in MCD, show of strength will happen today

Article 239 says that 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 appointed, he shall exercise his functions as such Administrator independently of his Council of Ministers.

Section 45D of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 deals with the power to appoint authorities, boards, commissions or statutory bodies.