SC upholds Lt-Guv’s power to nominate aldermen to MCD

Satya Prakash

Tribune News Service

New Delhi, August 5

The Supreme Court on Monday upheld the Lieutenant-Governor’s (L-G) power to nominate aldermen to the Municipal Corporation of Delhi (MCD), saying it’s a statutory power conferred on him by Parliament and not an executive power.

A three-judge Bench of CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala said the L-G could act on his own discretion in nominating aldermen to the MCD and he was not required to act on the aid and advice of the Delhi Council of Ministers headed by the Chief Minister.

Setback to AAP govt

• Section 3(3)(b)(1) of the Delhi Municipal Corporation Act, 1957, provides that the L-G can nominate 10 persons with special knowledge in municipal administration to the MCD
• The verdict comes as a setback to the Arvind Kejriwal government which has been at loggerheads with the L-G
• The Supreme Court Bench clarified that the power to nominate aldermen was a statutory power conferred on the L-G by a law enacted by Parliament

The verdict comes as a setback to the Arvind Kejriwal government which has been at loggerheads with the L-G over various issues, including control over the bureaucracy in the Capital.

Pronouncing the verdict almost 15 months after the Bench reserved it, Justice Narasimha sought to draw a distinction between statutory and executive powers exercised by the L-G. Section 3(3)(b)(1) of the Delhi Municipal Corporation (DMC) Act, 1957, provides that the L-G can nominate 10 persons with special knowledge in municipal administration to the MCD.

The Bench clarified that the power to nominate aldermen was a statutory power conferred on the L-G by a law enacted by Parliament.

Welcoming the verdict, senior counsel Sanjay Jain, who represented the L-G office, said, “As a municipal body, the MCD has its own unique self-governance model with five power centres — the L-G as an administrator, corporation itself, MCD commissioner, Central Government and the Government of the National Capital Territory of Delhi. The MCD Act is a complete code in itself.

“The L-G as an administrator under the DMC Act has discretionary powers originating from the DMC Act itself and the same are not bound by aid and advice. In fact, discretionary functions of the L-G as an administrator are an essential part of both Article 239AA as well as the GNCTD Act in addition to that in the context of the MCD,” Jain told The Tribune.

The top court rejected the Delhi Government’s contention that the L-G is bound to act on aid and advice of the Council of Ministers to nominate aldermen to the MCD.

Amid a raging controversy over nomination of 10 aldermen to the MCD, the Bench had on May 17, 2023, reserved the verdict on L-G VK Saxena’s controversial decision to nominate 10 members (aldermen) without the aid and advice of the Council of Ministers.

While reserving the verdict, the Bench had said giving such power to the L-G would mean he could destabilise the elected civic body as they would get appointed to the standing committees and have voting power.