President’s fresh powers to Delhi LG amid stalemate with Kejriwal

Amid ongoing tussle between the Delhi Government and Lieutenant Governor V.K. Saxena, President Droupadi Murmu on Wednesday delegated two fresh powers to the LG. Under the Industrial Relations Code, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020, the Delhi LG was given the authority to formulate the rules only in the areas of the Union territory of the national capital, where necessary, reported news agency. It is directed that the Delhi LG will exercise the powers and discharge the functions of the appropriate government or state government under these rules until further order, mentions two separate notifications issued by the Ministry of Home Affairs (MHA) on 16 January. As per the notifications, administrators and the Lieutenant Governors of five other Union Territories, including Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Chandigarh, Puducherry and Lakshadweep, were also delegated similar powers by the President. The President’s orders gain significance in the light of the intensifying tussle between the LG and the Arvind Kejriwal-led Aam Aadmi Party (AAP). The recent flashpoint between them was triggered ahead of the 23 January election of the Mayor and Deputy Mayor of the Municipal Corporation of Delhi (MCD). AAP has accused the LG of issuing orders on “practically everything” and bypassing the elected government. “In pursuance of clause (1) of article 239 of the Constitution, the President hereby directs that the administrator or Lieutenant Governor of the National Capital Territory of Delhi, Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Chandigarh, Puducherry and Lakshadweep shall, subject to the control of the President and until further order, exercise the powers and discharge the functions of the appropriate Government or State Government under the Industrial Relations Code, 2020 (35 of 2020), to formulate the rules only in the areas where the Union territory of the National Capital Territory of Delhi, Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Chandigarh, Puducherry and Lakshadweep are required to formulate rules either as appropriate Government or State Government,” states one of the notifications. Under Industrial Relations Code, 2020, the appropriate government may exempt any new industrial establishment or class of establishments from the provisions of the Code in the public interest. Another notification mentions regarding delegation of powers of state government and appropriate government under the Occupational Safety, Health and Working Conditions Code, 2020 to the administrator and Lieutenant Governor of these six UTs. “In pursuance of clause (1) of article 239 of the Constitution, the President hereby directs that the administrator or Lieutenant Governor of the National Capital Territory of Delhi, Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Chandigarh, Puducherry and Lakshadweep shall, subject to the control of the President and until further order, exercise the powers and discharge the functions of the appropriate Government or State Government under the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020), to formulate the rules only in the areas where the Union territory of the National Capital Territory of Delhi, Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Chandigarh, Puducherry and Lakshadweep are required to formulate rules either as appropriate Government or State Government,” said the notification.