President Murmu delegates fresh powers to Delhi LG amid stalemate with CM Kejriwal

President Droupadi Murmu has delegated to Delhi Lieutenant Governor Vinai Kumar Saxena two new powers under the Industrial Relations Code, 2020 and the Occupational Safety, Health, and Working Conditions Code, 2020 to formulate rules only in areas of the Union territory of the National Capital Territory of Delhi where they are required.

According to two separate notifications issued by the Ministry of Home Affairs (MHA) on January 16, it is instructed that the Delhi LG would execute the authorities and fulfill the responsibilities of the competent government or state government under these regulations till further notice.

According to the announcements, the President also assigned comparable powers to administrators and Lieutenant Governors of five additional Union Territories, including Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, Chandigarh, Puducherry, and Lakshadweep.

“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.

The delegation of two fresh powers to Delhi LG is significant amid his stalemate with Delhi Chief Minister Arvind Kejriwal.

The recent flashpoint between Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor Vinai Kumar Saxena was triggered ahead of the January 23 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.