Explained: How LG's New Powers Undermine Delhi Government's Authority - Is It Legally Valid?

Delhi LG: In a major shift in Delhi's administrative landscape, the Union Home Ministry has granted the Lieutenant Governor (LG) of Delhi sweeping new powers. The new authority will enable the LG to establish and oversee statutory bodies and commissions.

This change marks a significant departure from the previous system where these responsibilities were more collaboratively managed with the Delhi government. Here’s a breakdown of the key changes and their implications:

Expanded Authority of the Lieutenant Governor

1. Constituting Authorities and Boards:

The new notification grants the LG absolute authority to create and oversee various authorities, boards, and commissions, such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission. This means the LG now has the sole discretion to establish and manage statutory bodies and commissions.

2. Appointments to Bodies and Commissions:

In addition to creating these bodies, the LG can now also appoint members to them. This change centralizes the power of appointment in the hands of the LG, bypassing any previous involvement of other governmental bodies or officials in this process.

What Are The Changes From Previous Administration? 

1. Shift in Power Dynamics:

Under previous arrangements, the Delhi government and its officials, including the Chief Minister and various departmental heads, had a more significant role in the formation and functioning of statutory bodies. The new directive shifts these responsibilities away from the Delhi government and grants the LG greater control. Following the notification, LG V. K. Saxena has acted on this newfound authority by appointing presiding officers for the MCD ward committee elections. This action came after Mayor Shelly Oberoi refused to engage in the process, citing concerns over its democratic integrity.

Legal and Constitutional Basis

1. Article 239 Of The Constitution:

Article 239 outlines the administration of Union territories, stating that the President administers these regions through an appointed administrator, in this case, the Delhi LG. The article provides the constitutional backing for the President’s directives, which the LG now executes.

2. Section 45D of the Government of National Capital Territory of Delhi Act

The amendment under Section 45D reaffirms that the President has the authority to appoint members and constitute bodies for Delhi. The recent notification aligns with this section, emphasizing that the LG will exercise these powers, as directed by the President.