Defined: How LGs New Powers Undermine Delhi Authorities Authority – Is It Legally Legitimate?

Delhi LG: In a significant shift in Delhi’s administrative panorama, the Union Residence Ministry has granted the Lieutenant Governor (LG) of Delhi sweeping new powers. The brand new authority will allow the LG to determine and oversee statutory our bodies and commissions.

This modification marks a big departure from the earlier system the place these duties had been extra collaboratively managed with the Delhi authorities. Right here’s a breakdown of the important thing modifications and their implications:

Expanded Authority of the Lieutenant Governor

1. Constituting Authorities and Boards:

The brand new notification grants the LG absolute authority to create and oversee numerous authorities, boards, and commissions, such because the Delhi Fee for Ladies and the Delhi Electrical energy Regulatory Fee. This implies the LG now has the only discretion to determine and handle statutory our bodies and commissions.

2. Appointments to Our bodies and Commissions:

Along with creating these our bodies, the LG can now additionally appoint members to them. This modification centralizes the ability of appointment within the arms of the LG, bypassing any earlier involvement of different governmental our bodies or officers on this course of.

What Are The Adjustments From Earlier Administration? 

1. Shift in Energy Dynamics:

Below earlier preparations, the Delhi authorities and its officers, together with the Chief Minister and numerous departmental heads, had a extra vital function within the formation and functioning of statutory our bodies. The brand new directive shifts these duties away from the Delhi authorities and grants the LG larger management. Following the notification, LG V. Okay. Saxena has acted on this newfound authority by appointing presiding officers for the MCD ward committee elections. This motion got here after Mayor Shelly Oberoi refused to interact within the course of, citing issues over its democratic integrity.

Authorized and Constitutional Foundation

1. Article 239 Of The Structure:

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

2. Part 45D of the Authorities of Nationwide Capital Territory of Delhi Act

The modification beneath Part 45D reaffirms that the President has the authority to nominate members and represent our bodies for Delhi. The latest notification aligns with this part, emphasizing that the LG will train these powers, as directed by the President.

 



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