The World Opinion

Tag: Delhi LG

  • Now, More Traffic Challans Could Raise Your Insurance Premiums? Delhi LG Urges Modi Government – Full Details | Auto News

    Traffic Challans & Insurance Premiums In India: Delhi Lieutenant Governor VK Saxena has written to Union Finance Minister Nirmala Sitharaman, proposing a stringent road safety plan that seeks higher insurance premiums for vehicles with a history of traffic violations. Saxena said that a vehicle, which has been frequently challaned for traffic offences such as over-speeding, red light jumping and dangerous driving should be obligated to pay higher insurance premium.

    In his letter last week, the lieutenant governor said this financial deterrent would encourage a better driving behaviour as there is an obvious co-relation between repeat traffic offences and the risk of accidents. “I would, therefore, suggest that a layered insurance premium system based on the frequency and severity of traffic violations as recorded in MoRTH’s VAHAN database may be introduced,” reads the letter.

    Insurance premium should be index-linked with the number of traffic violations recorded against a vehicle, which would have a salutary impact on road safety and traffic discipline, he said. Citing a 2023 report of the Delhi Traffic Police, Saxena said that 60 per cent of fatal road accidents involved vehicles that had previously been fined for traffic violations, primarily over-speeding and red-light jumping.

    The vehicles with more than three traffic challans in a given year were found to have a disproportionately high involvement in severe accidents, he said. Saxena also said that according to the Ministry of Road Transport and Highways (MoRTH), India recorded over 4.37 lakh road accidents in 2022, resulting in approximately 1.55 lakh fatalities.

    Notably, over-speeding accounted for nearly 70 per cent of these accidents, while violations such as red-light jumping contributed significantly to fatal accidents. 

    Analysis of accident data by the World Bank indicates that vehicles with multiple traffic violations have a 40 per cent higher risk of being involved in fatal crashes compared to those with a clean driving record, he said.

    Saxena has also urged the Union finance minister to engage the Insurance Regulatory and Development Authority of India (IRDAI) to take immediate action to establish a framework for index-linked insurance premiums.

    The lieutenant governor has underlined in his letter that implementing such a system would not only align insurance costs with the actual risk posed by individual drivers but will also reduce the financial burden on insurers resulting from frequent claims.

    This financial deterrent driven approach which is practised in the US and European countries would promote responsible driving behaviour, leading to a reduction in accidents, saving lives and ensuring more efficient management of insurance claims, he said.

    “Such measures have been successfully implemented in other countries such as the United States, where insurance premiums increase significantly based on traffic violation and speeding tickets leading to an average premium increase of 20 to 30 per cent. This also followed in several European Nations,” reads the letter.

    By implementing this policy, India can take a significant step towards creating safer roads, saving lives and ensuring a more sustainable transportation system for generations to come, the letter mentioned.

  • Explained: How LG’s New Powers Undermine Delhi Government Authority – Is It Legally Valid? |

    Delhi LG: In a major shift in Delhi’s administrative landscape, the Union Home Ministry has granted the Lieutenant Governor (LG) of Delhi sweeping new powers. The new authority will enable the LG to establish and oversee statutory bodies and commissions.

    This change marks a significant departure from the previous system where these responsibilities were more collaboratively managed with the Delhi government. Here’s a breakdown of the key changes and their implications:

    Expanded Authority of the Lieutenant Governor

    1. Constituting Authorities and Boards:

    The new notification grants the LG absolute authority to create and oversee various authorities, boards, and commissions, such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission. This means the LG now has the sole discretion to establish and manage statutory bodies and commissions.

    2. Appointments to Bodies and Commissions:

    In addition to creating these bodies, the LG can now also appoint members to them. This change centralizes the power of appointment in the hands of the LG, bypassing any previous involvement of other governmental bodies or officials in this process.

    What Are The Changes From Previous Administration? 

    1. Shift in Power Dynamics:

    Under previous arrangements, the Delhi government and its officials, including the Chief Minister and various departmental heads, had a more significant role in the formation and functioning of statutory bodies. The new directive shifts these responsibilities away from the Delhi government and grants the LG greater control. Following the notification, LG V. K. Saxena has acted on this newfound authority by appointing presiding officers for the MCD ward committee elections. This action came after Mayor Shelly Oberoi refused to engage in the process, citing concerns over its democratic integrity.

    Legal and Constitutional Basis

    1. Article 239 Of The Constitution:

    Article 239 outlines the administration of Union territories, stating that the President administers these regions through an appointed administrator, in this case, the Delhi LG. The article provides the constitutional backing for the President’s directives, which the LG now executes.

    2. Section 45D of the Government of National Capital Territory of Delhi Act

    The amendment under Section 45D reaffirms that the President has the authority to appoint members and constitute bodies for Delhi. The recent notification aligns with this section, emphasizing that the LG will exercise these powers, as directed by the President.

     

  • Can LG Impose President’s Rule In Delhi If Arvind Kejriwal Doesn’t Quit? Here’s What The Law Says |

    NEW DELHI: The arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate (ED) has sent shockwaves through the political landscape, marking the first instance of a sitting CM being detained in a criminal case. The ED’s action comes after Kejriwal evaded multiple summons regarding his questioning in the now-defunct Delhi excise policy case. 

    Kejriwal’s Arrest And ED Probe 

    The ED’s investigation revolves around alleged corruption and money laundering allegations related to the formulation and execution of Delhi’s excise policy for 2021-22, which was subsequently annulled. Kejriwal’s arrest follows the questioning of other key AAP leaders, including Manish Sisodia and Sanjay Singh, who are currently in judicial custody.

    Despite mounting pressure and public outcry, Kejriwal’s close aides, including Delhi Minister Aatishi and Assembly Speaker Ram Niwas Goyal, affirmed his resolve to continue governing as Delhi CM, even from behind bars. This unprecedented situation raises questions about the stability of governance in the capital city amidst the ongoing legal battle. 

    Legal Provisions And Disqualification

    The legal framework governing the disqualification of elected officials plays a pivotal role in assessing Kejriwal’s ability to continue as CM. Under the Representation of the People Act, 1951, conviction is a prerequisite for disqualification. As Kejriwal remains unconvicted, he retains his eligibility to hold office despite the charges against him.

    Challenges Of Running Government From The Prison

    While Kejriwal’s legal status permits him to remain CM, practical challenges arise from governing while incarcerated. The stringent guidelines within the prison system, such as limited meeting allowances, pose obstacles to effective governance, particularly for a high-profile figure like Kejriwal.

    Can LG Recommend President’s Rule In Delhi?

    The power dynamics between the elected CM and the Lieutenant Governor (LG) come into sharp focus amidst Kejriwal’s arrest. The LG, with authority delegated by the Centre, can recommend the President’s Rule under Article 239AA of the Constitution if deemed necessary due to a perceived failure of the elected government to discharge its duties effectively.

    Precedents And Potential Scenarios

    Past instances, including the arrest of Tamil Nadu Minister Senthil Balaji, illustrate the ramifications of prolonged legal battles on political leadership. The denial of bail and subsequent resignations underscore the challenges faced by officials entangled in legal proceedings.

    Alternative Solution

    One potential resolution lies in the LG’s authority to convert a building into a prison, enabling Kejriwal to request house arrest for continued engagement in governance. However, this solution hinges on cooperation between Kejriwal and the LG, presenting its own set of logistical and political challenges.

    Meanwhile, the Union Home Ministry is also said to be examining the ramifications of Kejriwal not resigning and continuing as chief minister of Delhi. According to legal luminaries, the Centre may have to suspend or remove him from the post since he is a public servant. This is also the procedure that is followed for government officials who are arrested. They are immediately suspended from service, sources said.

    The arrest of Arvind Kejriwal by the ED has triggered a complex interplay of legal provisions, political authority, and practical considerations. As Delhi grapples with the fallout from this unprecedented event, the way forward for Kejriwal and the governance of the capital city remains uncertain, awaiting further legal and political developments.

  • Why Delhi LG now not ordering probe into toll tax rip-off price Rs 6,000 crore: AAP

    “LG orders a probe in opposition to the AAP executive each different day with none evidence. However, we welcome it. Examine up to you need. We welcome all probes,” Pathak mentioned.