LG has the power to nominate aldermen to the MCD without the aid and advice of the Delhi Government: Supreme Court
Today (August 05, 2024), the Supreme Court (SC) of India ruled that the Lieutenant Governor (LG) of Delhi has the power to nominate aldermen to the Municipal Corporation of Delhi (MCD) without the aid and advice of the Delhi Government since his powers in that regard are derived from the Delhi Municipal Corporation Act (DMC Act). The bench constituting Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha said, “The power to be exercised is a statutory duty of the LG and not the executive power of the State.” The SC bench added, “It was the 1993 Delhi Municipal Corporation Act which first vested the power to nominate on LG. The power expressed by the statute on LG shows the statutory schemes in which power is distributed. Delhi LG is expected to act as per the mandate of the statute and not the aid and advice of the council of ministers.” The SC was hearing a plea filed by Aam Aadmi Party-led Delhi Government seeking to quash notifications through which the Delhi LG appointed 10 members of the MCD without taking the aid and advice of the Council of Ministers. Today, after reserving the judgment for 15 months, the SC affirmed the LG’s unilateral appointment of 10 aldermen to the MCD without consulting with the state cabinet.
Justice Narasimha pronounced the judgment. The operative part of the judgment reads, “The statutory power under Section 3(3)(b)(i) to nominate persons of special knowledge was vested in the Lieutenant Governor for the first time by the 1993 amendment of the DMC Act 1957 to incorporate Constitutional changes brought through Article 239AA and the introduction of Part IX related to Municipalities. The power to nominate is therefore not a vestige of the past or the power of administrator that is continuing by default. It is made to incorporate the changes in the Constitutional structure. The text of Section 3(3)(b) of the Act as amended in 1993 expressly enables the LG to nominate persons having special knowledge to the corporation. The power expressed by the statute in the name of LG, also seen in the context of other provisions, demonstrates the statutory scheme in which the power and duties are distributed amongst authorities under the Act. The context in which the power is located confirms that the LG is intended to act as per the mandate of the statute and not guided by the aid and advice of the council of ministers. The power to be exercised is a statutory duty of the LG and not the executive power of the State.”
During the proceedings, Senior Advocate Abhishek Manu Singhvi, Advocate Shadan Farasat, Advocate Shourya Dasgupta, Advocate Hrishika Jain, and Advocate Natasha Maheshwari represented the Delhi government. Additional Solicitor General Sanjay Jain appeared for the Delhi LG.
