Delhi L-G can now appoint members to boards, without President’s nod

In the amended Government of National Capital Territory of Delhi (GNCTD) Act, the power to appoint members to these positions was not with the Delhi government. The Lt-Governor had the power to nominate members and the appointment was finally cleared by the President through the MHA.

“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… 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 said.

This means that the Lt-Governor can make the appointments directly, without obtaining a nod from the President.

According to sources, while it may not have a significant impact on the appointments, it signals greater power for the

Lt-Governor.

The posts of the Delhi Commission for Women and the Delhi Commission for Protection of Child Rights have been lying vacant for several months.

High drama was seen in Delhi last year over the appointment of the Delhi Electricity Regulatory Commission chief when retired High Court judge Rajeev Kumar Srivastava was recommended for the post by Chief Minister Arvind Kejriwal. After a long wait for the appointment, Srivastava, citing personal reasons, said he would no longer be able to take charge. The CM then recommended the name of retired judge Justice Sangeet Lodha. The Centre, however, appointed Justice Umesh Kumar (retired). The AAP then went to court against the appointment, calling it “illegal and unconstitutional”.

The court had asked both offices to sit together and finalise a name, which they failed to do and the apex court had to nominate   former Delhi High Court judge Justice Jayant Nath for the post.