In Centre vs AAP Government Tussle, Presidential Boost For Delhi LG

The President has delegated authority to the Delhi Lieutenant Governor (LG) to establish and appoint members to any authority, board, commission, or statutory body formed under laws enacted by Parliament that apply to the Delhi government.

In a notification issued by the Union Home Ministry on Tuesday, it was stated that the Delhi LG is now empowered to appoint members to such entities. 

"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.

The recent Presidential order is expected to ignite a renewed conflict between the lieutenant governor and the Aam Aadmi Party government in the capital. Last year, the President approved the Government of National Capital Territory of Delhi (Amendment) Bill 2023, which stipulates that all transfers and postings of officers in Delhi will be managed by the newly established National Capital Civil Services Authority (NCCSA).

This authority is chaired by Chief Minister Arvind Kejriwal and includes two senior bureaucrats from the Delhi government as members. The authority is authorized to make decisions based on majority voting, but the lieutenant governor has the final say. Chief Minister Kejriwal criticized the act, accusing the central government of attempting to undermine the will of Delhi's residents and diminish their electoral power.