President Grants Delhi Lieutenant Governor Authority to Constitute Statutory Bodies and Appoint Members

The President has delegated powers to the Delhi L-G to establish and appoint members to any authority, board, or commission under laws enacted by Parliament, according to a Union Home Ministry notification.

Key Points

• The President has delegated powers to the Delhi L-G to constitute and appoint members to statutory bodies.
• The delegation is under Article 239 of the Constitution and Section 45D of the Government of NCT of Delhi Act, 1991.
• The L-G’s powers include forming authorities, boards, and commissions under laws applicable to Delhi.
• The decision is subject to the control of the President and is valid until further orders.
• The move could impact the administrative structure and governance in Delhi.

In a significant development concerning the governance of Delhi, the President of India has delegated extensive powers to the Lieutenant Governor (L-G) of the National Capital Territory of Delhi. According to a notification issued by the Union Home Ministry on September 3, 2024, the L-G is now authorized to constitute any authority, board, commission, or statutory body under laws enacted by Parliament that apply to the Delhi government. Additionally, the L-G has been empowered to appoint members to these bodies.

The notification was issued in accordance with Article 239 of the Indian Constitution and Section 45D of the Government of National Capital Territory of Delhi Act, 1991. This legal framework provides the basis for the delegation of the President’s powers to the Delhi L-G, enabling him to establish various statutory entities that play a crucial role in the administration and governance of Delhi.

“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 stated.

This move grants the L-G substantial authority to shape the administrative structure within Delhi by constituting and staffing various governing bodies. These bodies are essential in implementing and overseeing the laws enacted by Parliament that are applicable to the Delhi government.

The delegation of these powers is not without conditions; the L-G’s actions in this regard are subject to the control of the President and are valid until further orders. This ensures that the exercise of these powers remains aligned with the broader constitutional framework and the central government’s oversight.

The decision is likely to have significant implications for the governance of Delhi, potentially altering the balance of power between the elected government of the National Capital Territory and the office of the Lieutenant Governor. It also underscores the ongoing complexities in the administrative and legal relationship between the central government and the Delhi government.

As the L-G begins to exercise these newly delegated powers, the impact on Delhi’s governance and administrative efficiency will become clearer, potentially setting the stage for new dynamics in the management of the capital territory.