India

Supreme Court Upholds Delhi L-G’s Authority To Appoint Aldermen To MCD

The Supreme Court has upheld the Delhi Lieutenant Governor’s (L-G) decision to appoint aldermen to the Municipal Corporation of Delhi (MCD) independently, without the involvement of the elected Delhi government.

The ruling came after a bench led by Chief Justice D Y Chandrachud, along with Justices P S Narasimha and J B Pardiwala, had deliberated on the matter since May last year.

The Delhi government had challenged the L-G’s unilateral appointment of ten nominated members to the MCD, arguing that such actions bypassed the elected government’s authority.

Supreme Court Rules L-G Has Discretionary Power To Nominate MCD Aldermen

Delivering the judgment, Justice Narasimha explained that the Delhi Municipal Corporation Act, as enacted by Parliament, allows the L-G to act at his discretion in this capacity.

The court stated, “Section 3(3)(b) of the Act explicitly empowers the Lieutenant Governor to nominate individuals with specialized knowledge to the Corporation. This power is a statutory duty of the Lieutenant Governor, not an executive function of the state.”

The Delhi government had contended that this was the first instance since the introduction of Article 239AA in 1991 where the L-G made such nominations without consulting the elected government, thereby transferring authority to an unelected office.

The plea points out that Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, requires the MCD to include ten experts in municipal administration nominated by the administrator, but it does not specify that this nomination must be at the administrator’s discretion.

The government argued that constitutional law has long required nominal heads of state to exercise their powers based on the aid and advice of the council of ministers.

Defending the L-G’s decision, the L-G office argued that municipal governance operates independently from the elected state government system.

It emphasized that the role of the L-G as an administrator under the DMC Act does not align with the provisions of the Government of National Capital Territory of Delhi (GNCTD Act) or Article 239AA of the Constitution.

Also Read: Death Toll Hits 387 As Wayanad Rescue Operations Continue

Gopal Krishna

Recent Posts

Celebration Of Democracy And Indianness: A Platform For Unity And Progress

The “Jashn-e-Jamhuriyat” program, organized by the Muslim Rashtriya Manch (MRM) at the Aiwan-e-Ghalib Auditorium in…

9 mins ago

Maharashtra: At least Eight Killed As Passengers Flee Pushpak Express, Struck By Karnataka Express In Jalgaon

Reports indicate that passengers aboard the Pushpak Express noticed sparks while the train was braking.…

47 mins ago

Beti Bachao Beti Padhao Celebrates 10 Years Of Empowering Women And Girls

India celebrated the 10th anniversary of the Beti Bachao Beti Padhao (BBBP) Abhiyaan, a campaign…

1 hour ago

India Triumphs In Inaugural Kho Kho World Cup; Leaves Global Participants In Awe

The first-ever Kho Kho World Cup concluded in New Delhi with both Indian Men's and…

2 hours ago

Manipur: Lone JDU MLA Withdraws Support From BJP Government, Party Expels Him

Nitish Kumar-led Janata Dal (United) (JDU) has withdrawn its support from the N Biren Singh-led…

2 hours ago

Great Honour To Represent India At Trump’s Inauguration: EAM Jaishankar

External Affairs Minister S Jaishankar expressed his honor at representing India at US President Donald…

2 hours ago