Setback for AAP: SC upholds appointment of aldermen to MCD by Delhi L-G

The Lieutenant Governor's power to nominate members to the civic body is a statutory power and not an executive power

August 5, 2024

Delhi LG has the power to nominate ‘aldermen’ in MCD: SC

In a big setback for the Aam Aadmi Party (AAP) government, the Supreme Court today upheld the decision of the Delhi Lieutenant Governor (L-G) to appoint ‘aldermen‘ to the Municipal Corporation of Delhi (MCD) without the Delhi government’s aid and advice.

The Lieutenant Governor’s power to nominate members to the civic body is a statutory power and not an executive power, the bench said.

The bench comprising Chief Justice of India D Y Chandrachud, Justice P S Narasimha, and Justice J B Pardiwala had reserved its verdict on the matter last year.

Pronouncing the verdict, Justice Narasimha said that the Delhi Municipal Corporation Act made by Parliament required the L-G to act in his discretion.

“The text of Section 3(3)(b) of the Act (as amended from time to time) expressly enables the Lieutenant Governor to nominate persons having special knowledge to the Corporation… The power to be exercised is the statutory duty of Lieutenant Governor and not the executive power of the state,” the top court ruled.

In its plea, the Delhi government said: “This is the first time since Article 239AA came into effect in 1991 that such a nomination has been made by the Lieutenant Governor completely by-passing the elected government, thereby abrogating to an unelected office a power that belongs to the duly elected government.”

The plea contended that nominations in question have been made under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 (DMC Act), which provides that the MCD should include, apart from the elected councillors, ten persons of not less than 25 of age and who have special knowledge or experience in municipal administration, “to be nominated by the administrator”, adding that neither the section nor any other provision of law says anywhere that such nomination is to be made by the administrator in his discretion.

It said it is a settled position of constitutional law for the last 50 years that the powers conferred on a nominal and unelected head of state are to be exercised only under the “aid and advice” of the council of ministers.

In a written response filed before the apex court, the L-G office, defending its decision, said that the governance of municipalities is independent of the regime of governance of the elected state governments and the role of L-G as an administrator under the DMC Act is not a “mirror-image” of what is provided under the Government of National Capital Territory of Delhi (GNCTD Act), or Article 239AA of the Constitution.

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