Explained: What's SC ruling on L-G's power to nominate aldermen
The Supreme Court, on Monday, upheld the power of the Centre-appointed Delhi Lieutenant Governor (L-G) to nominate "aldermen" to the Municipal Corporation of Delhi (MCD). The ruling came 15 months after reserving its judgment. The order was issued by the bench comprised Justices PS Narasimha and PV Sanjay Kumar who validated the nomination of 10 aldermen in January 2023.
Justices cite Delhi Municipal Corporation Act in ruling
The justices cited the Delhi Municipal Corporation Act, 1957 (DMC Act) as the legal basis for their decision. The DMC Act provides the Delhi L-G with explicit power to nominate aldermen without consulting the Council of Ministers. This ruling validated the nomination of 10 aldermen by the Delhi L-G under Section 3 of the DMC Act in January 2023.
Aldermen's role
Under the DMC Act, Delhi is divided into 12 zones, each with a "Wards Committee" comprising elected representatives and aldermen. The Delhi L-G can nominate 10 aldermen who must be above 25 years of age and have special knowledge or experience in municipal administration. Aldermen play a crucial role in MCD's functioning through their participation in Ward Committees. They can vote in elections for members of the Standing Committee and can also stand as candidates themselves.
Standing Committee's role
The Standing Committee, which manages MCD functions, cannot be constituted without alderman participation in voting. Without this committee, the MCD cannot perform crucial functions like entering into contracts involving more than ₹5 crore expenditure, appointing MCD officers to key positions, recommending budget revisions, or approving any exercise of power involving expenditure beyond the current year. Six members of this committee are chosen directly by the MCD house after mayoral elections.
Delhi government's plea
In March 2023, the Delhi government filed a plea to annul the L-G's notifications, arguing that the nominations were illegal and should have followed the Council of Ministers' advice due to Delhi's special status under Article 239AA of the Constitution. The court based its verdict on its 2023 decision in Government NCT Delhi versus Union of India, which affirmed Parliament's authority to legislate on State List subjects for NCT Delhi, including laws on 'local government' under the DMC Act.
