Delhi LG empowered to nominate aldermen to MCD: Supreme Court

Supreme Court/ File pic

The Supreme Court declared that the Delhi lieutenant governor (LG) had the authority to select ten aldermen for the Municipal Corporation of Delhi (MCD) without the council of ministers' assistance and advice. This ruling is based on the Delhi Municipal Corporation Act, which was passed by the Parliament.

The significant verdict, given by a bench of Chief Justice DY Chandrachud, Justices PS Narasimha, and JB Pardiwala, was posted on the Supreme Court's website on Tuesday. The verdict establishes that Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, as modified by Parliament in 1993, empowers the LG to designate ten individuals with having specific understanding of municipal management.

Justice Narasimha, who wrote the decision, stated that the act of nominating aldermen is not covered by Article 239AA(4) of the Constitution, which requires the LG to act on the advice of the council of ministers. Instead, this function is considered an exception, allowing the LG to operate independently.

The Supreme Court's verdict is a defeat for the Aam Aadmi Party (AAP)-led Delhi government, which had contended that the LG should follow the elected government's advice in such nominations. However, the court stressed that the LG's power of nomination is a legislative duty, not an administrative function of the Delhi government.

The court noted that the DMC Act compels the LG to employ this power, which meets the exemption under Article 239AA(4) that allows the LG to act at his discretion. This authoritative announcement means that the nominated alderman, who can be appointed to standing committees, will have major influence over the MCD's fund disbursement.

Justice Narasimha dismissed the Delhi government's contention that the LG's position is equivalent to that of a state governor, citing separate constitutional provisions for each post. The decision emphasises the National Capital Territory of Delhi's distinct constitutional status and the legislative framework that governs it.

The bench further rejected the contention that the phrase 'administrator' in the act was a vestige of pre-1991 legislation, stating that the 1993 modification to the DMC Act clearly granted the LG nomination powers.

The MCD, which has 250 elected and 10 nominated members, saw the AAP win 134 wards in the December 2022 elections, breaking the BJP's 15-year rule of 104 seats. Congress secured nine seats.