The Supreme Court will announce its verdict on Monday regarding a plea from the Delhi government. The plea challenges the appointment of ‘aldermen’ to the Municipal Corporation of Delhi (MCD) by the Lieutenant Governor (L-G).
The case was heard by a bench led by Chief Justice DY Chandrachud, with Justices PS Narasimha and JB Pardiwala. They reserved their judgment in May of the previous year.
The Delhi government is contesting orders dated January 3 and 4, 2023, which were followed by gazette notifications. These orders involved the L-G appointing 10 nominated members to the MCD independently, bypassing the council of ministers. The government argues that these appointments were made without consulting the elected body, thus undermining its authority.
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The Delhi government’s plea claims this is the first instance since Article 239AA, which came into effect in 1991, where the L-G has made such nominations unilaterally. This, the government argues, transfers powers to an unelected official that should belong to the elected government.
The plea also points out that the nominations were made under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 (DMC Act). This section requires the MCD to include 10 members with special knowledge or experience in municipal administration. However, the plea argues that the law does not permit the L-G to make these nominations on his own.
It is a well-established principle of constitutional law that powers of a nominal and unelected head of state should be exercised only with the “aid and advice” of the council of ministers.
In response, the L-G’s office defended the decision, arguing that municipal governance operates separately from the governance of elected state governments. The office claimed that the role of the L-G under the DMC Act does not reflect the provisions of the Government of National Capital Territory of Delhi (GNCTD) Act or Article 239AA of the Constitution.
