SC: LG can nominate aldermen to MCD without city govt’s advice

NEW DELHI: The Supreme Court of India, while deciding upon the matter of the nomination of aldermen in the Municipal Corporation of Delhi (MCD), said that the law “expressly enables” the Lieutenant Governor to nominate members in the civic body, and in that function, he is not bound by the advice of the Council of Ministers.

The bench, consisting of Chief Justice DY Chandrachud and Justices JB Pardiwala and PS Narasimha, ruled against the Delhi government after reserving the decision for around 15 months. While pronouncing the judgement, the bench observed that the Delhi Municipal Corporation Act, as amended in 1993, allows the LG to nominate persons over 25 years of age having special knowledge of the corporation. 

Speaking for the bench Justice Narasimha said, “The context in which the power is located confirms that the LG is intended to act as per the mandate of the statute and not guided by the aid and advice of the council of ministers. The power to be exercised is the statutory duty of the LG and not the executive power of the state. This is how we analysed the constitutional provisions.”

The bench noted that the amendment to the corporation done in 1993 recognises five authorities that use the state’s power, including the central government, the government of NCT, the administrator, the corporation, and the commissioner.

The 1993 amendment has also conferred the power of nomination on the Delhi LG in the same way the speaker of the house nominates MLAs.

In January 2023, the Delhi LG nominated 10 members under Section 3 of the Delhi Municipal Corporation Act, 1957. However, as the legality of the nomination was being contested, it hampered the functioning of the civic body.

Earlier, the Delhi government moved to the apex court, contesting the power of the LG to nominate aldermen in the MCD independent of the advice tendered by the Council of Ministers. The counsel representing the Delhi government was arguing that no separate power has been conferred on the state government regarding nominating people in the MCD. For the last three decades, LG has nominated the alderman with the aid and advice of the Council of Ministers.

Interestingly, last year, on May 17, the court observed that with his power of nomination, the LG can destabilise the elected civic body.

Alderman is a vital part of the corporation. Each of the 12 ward committees can elect members of the standing committee in the first meeting, and aldermen can not only vote in these elections but can also contest these elections for being a member of the standing committee. The remaining six members of the standing committee are directly chosen by the civic house following the mayoral elections.