Delhi L-G gets absolute power to set up any authority, board

The Centre has given absolute power 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, the Home Ministry said the Delhi L-G can also appoint members to such authority, board, commission or statutory bodies. 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.

“Any law made by the Legislative Assembly of NCT 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 L-G, in accordance with the provisions of Section 45H,” it says.