Although it’s unlikely to have a significant effect on nominations, this suggests that the lieutenant governor will have more power.
The president has lately increased the power of the Lieutenant Governor of Delhi by granting the LG the authority to designate people to Delhi commissions, boards, and agencies. Notable entities included by the notification issued by the Ministry of Internal Affairs (MHA) include the Delhi Commission for Women, the State Election Commission, the Public Grievances Commission, and the Delhi Electricity Regulatory Commission.
The modified administration of National Capital Territory of Delhi (GNCTD) Act states that the nomination of members to these posts was outside the purview of the Delhi administration. The lieutenant governor kept the authority to designate members, but in the end, the appointment was confirmed by the president via the MHA.
The President’s Directive’s Effect on Delhi Governance
According to the notification, “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 the constitution of any authority, board, commission, or statutory body by whatever name it may be called, or for the appointment of any government officer or ex officio member to such authority, board, commission, or any statutory body in accordance with clause (1) of Article 239 of the Constitution read with Section 45D of the Government of National Capital Territory of Delhi Act, 1991.”
This implies that the lieutenant governor will be able to name individuals without the president’s consent. Although this might not have a significant effect on appointments, sources claim it does suggest that the lieutenant governor will have more power. The Delhi Commission for Women’s Rights and the Delhi Commission for the Protection of Children’s Rights have had unfilled positions for a number of months.
When Chief Minister Arvind Kejriwal proposed retired Supreme Court judge Rajeev Kumar Srivastava for the position of head of the Delhi Electricity Regulatory Commission last year, it sparked a great deal of debate in Delhi.
Srivastava announced that he would no longer be able to drive, claiming personal reasons, following a protracted wait for the appointment. The CM then proposed the name of retired judge Sangeet Lodha. But the Center appointed Justice Umesh Kumar (Retd.). The AAP then launched a lawsuit contesting the appointment on the grounds that it was “illegal and unconstitutional.” The Supreme Court was to nominate Justice Jayant Nath, a former Delhi High Court judge, following a request for a meeting between the two organizations to determine a nominee.