NEWS – Supreme Court Rules on Delhi L-G’s Power to Nominate Aldermen

HIGHLIGHTS

Key Points of the Ruling:

• Delhi Municipal Corporation Act, 1957 (DMC Act):
  • Power Granted: The DMC Act explicitly gives the Delhi L-G the authority to nominate 10 aldermen.
  • Nomination Validity: The January 2023 nomination of 10 aldermen was deemed valid by the court.

Background Information:

• Aldermen:
  • Role: Nominated for their special knowledge or experience in municipal administration.
  • Function: They are crucial for the functioning of the MCD, including participation in the Standing Committee elections and other key functions.
• MCD Structure:
  • Wards Committees: Each of the 12 Wards Committees includes aldermen.
  • Standing Committee: Manages major MCD functions and requires alderman participation for its constitution.

Legal Context:

• Article 239AA of the Constitution:
  • Provisions: Establishes the Delhi Legislative Assembly, Council of Ministers, and L-G roles.
  • Aid and Advice Clause: Requires the Council of Ministers to aid and advise the L-G, except in discretionary matters.
• Previous Case: State (NCT of Delhi) v. Union of India (2018) established that the L-G must follow the Council of Ministers’ advice on State and Concurrent List subjects.

Dispute Origin:

• Delhi Government’s Argument:
  • Challenge: Claimed L-G’s nominations should be based on the Council of Ministers’ advice, citing Article 239AA and previous court rulings.
  • Request: Sought quashing of the January 2023 nominations.
• Delhi L-G’s Argument:
  • Defense: Asserted that the DMC Act grants specific nomination powers independent of the Council of Ministers.

Court’s Decision:

• Reference: Relied on the Government of NCT of Delhi v. Union of India (2023) case.
• Outcome: Affirmed the L-G’s power to nominate aldermen under the DMC Act without consulting the Council of Ministers.