President grants Delhi LG power to create and select members of authorities, boards
While this may not have a major impact on appointments, it indicates that the lieutenant governor will have more authority.
The president has recently strengthened the Delhi Lieutenant Governor’s influence by giving the LG powers to appoint members to Delhi boards, authorities, or commissions. The State Election Commission, Public Grievances Commission, Delhi Commission for Women, and Delhi Electricity Regulatory Commission are just some of the organizations that will be covered by the notification, which was issued by the Ministry of Internal Affairs (MHA).
The appointment of members to these posts was not under the jurisdiction of the Delhi government, according to the amended Government of National Capital Territory of Delhi (GNCTD) Act. The appointment was ultimately approved by the president through the MHA, although the lieutenant governor retained the power to appoint members.
Impact of the President’s Directive on Delhi Governance
“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… 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.
This means that the lieutenant governor will have the power to appoint people without the approval of the president. Sources say that, while this may not have a major impact on appointments, it indicates that the lieutenant governor will have more authority. For several months now, the posts of the Delhi Commission for Women’s Rights and the Delhi Commission for the Protection of Children’s Rights have been lying vacant.
The selection of retired Supreme Court judge Rajeev Kumar Srivastava to head the Delhi Electricity Regulatory Commission created a major controversy in Delhi last year when Chief Minister Arvind Kejriwal suggested Srivastava for the post.
After a long wait for the appointment, Srivastava declared that he would no longer be able to drive, citing personal reasons. The name of retired judge Sangeet Lodha was then suggested by the CM. However, Justice Umesh Kumar (Retd.) was appointed by the Centre. Following this, the AAP filed a lawsuit challenging the appointment, saying it was “illegal and unconstitutional.” Justice Jayant Nath, a former Delhi High Court judge, was to be appointed by the Supreme Court after asking the two bodies to meet and decide on a name.
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