In a notification, the Union Home Ministry said the LG of Delhi can also appoint members to such authority, board, commission or statutory bodies.
Soon after the gazette notification was issued, Lieutenant Governor VK Saxena appointed the chairpersons for the MCD ward committee elections after Mayor Shelly Oberoi refused to do so, saying her conscience did not permit her to participate in an “undemocratic electoral process”.
The notification has been issued under 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 orders 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 any statutory body by whatever name it may be called, or for the appointment of any officer of the Government or ex officio member of any such authority, board, commission or any statutory body,” the notification said.
Article 239 of the Constitution refers to the administration of the territories of the Union.
Article 239 says: “Save as Parliament may otherwise provide by law, every territory of the Union shall be administered by the President, acting, as he thinks fit, through an administrator appointed by him with such designation as he may specify.” “Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as administrator of an adjacent territory of the Union, and where a Governor is so appointed, he shall function as such administrator independently of his Cabinet,” Article 239 says.
Section 45D of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 relates to the power to appoint authorities, boards, commissions or statutory bodies.
“Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, by whatever name it may be called, or any officer or member thereof, constituted or appointed by or under any law made by Parliament for the time being in force, applicable to the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President; and under any law made by the Legislative Assembly of the National Capital Territory of Delhi for the time being in force, the Authority shall recommend a panel of suitable persons for its constitution, appointment or nomination by the Lieutenant Governor in accordance with the provisions of section 45H,” it says.
.
Disclaimer:
The information contained in this post is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the post for any purpose.
We respect the intellectual property rights of content creators. If you are the owner of any material featured on our website and have concerns about its use, please contact us. We are committed to addressing any copyright issues promptly and will remove any material within 2 days of receiving a request from the rightful owner.