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Murmu Delegates Fresh Powers To Delhi LG Amid Stalemate With Kejriwal

By LokMarg 18th January 2023

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

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 January 16.

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.

“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 has 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. (ANI)