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Described: Is It Legally Valid to Undermine the Authority of the Delhi Government with LG's New Powers?

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In a significant shift in Delhi's administration, the Union Home Ministry has granted the Lieutenant Governor (LG) of Delhi expanded powers. These new authorities allow the LG to establish and oversee statutory bodies and commissions, a role that was previously shared more collaboratively with the Delhi government. Here's a summary of the main changes and their implications:

Expanded Powers of the Lieutenant Governor

  1. Creation of Authorities and Boards: The LG now has full authority to create and manage various statutory bodies and commissions, such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission. This gives the LG complete control over the establishment and management of these entities.

  2. Appointments to Bodies and Commissions: The LG also gains the power to appoint members to these bodies, centralizing the appointment process and reducing the involvement of other government officials.

Changes from the Previous Administration

  1. Shift in Power Dynamics: Previously, the Delhi government, including the Chief Minister and departmental heads, played a significant role in forming and managing statutory bodies. The new directive shifts this responsibility to the LG, granting them greater control. Following the notification, LG V. K. Saxena used this authority to appoint presiding officers for the MCD ward committee elections after Mayor Shelly Oberoi refused to participate, citing concerns about democratic integrity.

Legal and Constitutional Basis

  1. Article 239 of the Constitution: This article governs the administration of Union territories, stating that the President administers these regions through an appointed administrator, in this case, the Delhi LG. It provides the constitutional basis for the President's directives, which the LG now carries out.

  2. Section 45D of the Government of National Capital Territory of Delhi Act: The amendment under Section 45D confirms the President's authority to appoint members and establish bodies for Delhi. The recent notification aligns with this section, emphasizing that the LG will now exercise these powers as directed by the President.

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