New Delhi – In a significant ruling, the Supreme Court of India upheld the decision of the Delhi Lieutenant Governor (LG) to nominate 10 aldermen to the Municipal Corporation of Delhi (MCD), marking a major setback for the Aam Aadmi Party (AAP). The bench, led by Chief Justice of India DY Chandrachud, Justices PS Narasimha and JB Pardiwala, clarified that the LG’s power to make such nominations is a statutory duty under the Delhi Municipal Corporation Act, 1957, and not an executive function requiring the aid and advice of the Delhi government.
The Verdict and Its Implications
The judgment came in response to a petition filed by the Delhi government, challenging the LG’s nominations made in January 2023. The AAP argued that these appointments were made to strategically strengthen the Bharatiya Janata Party (BJP) in ward committees where it was weak. However, the Supreme Court confirmed that the LG’s authority to nominate members with special knowledge in municipal administration is explicitly provided under Section 3(3)(b)(i) of the DMC Act, following the 1993 amendment.
Statutory Power vs. Executive Power
The Court emphasized that the LG's role in this context is defined by statutory mandate and not subject to the directives of the Delhi government. "The statutory power under Section 3(3)(b)(i) to nominate persons of special knowledge was vested in the Lieutenant Governor by the 1993 amendment of the DMC Act, 1957," Justice Narasimha explained. This power, according to the Court, is independent of the executive authority of the Delhi government.
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Background of the Petition
The Delhi government’s petition sought to non-valid the LG’s nominations, arguing that the Lieutenant Governor had overstepped his constitutional boundaries by not consulting the elected Council of Ministers. The petition highlighted that this move bypassed the standard practice and undermined the principles of democratic governance established under Article 239AA of the Constitution. Senior Advocate Dr. AM Singhvi, representing the Delhi government, stressed that the LG’s actions could destabilize the democratically elected MCD by placing undue influence through nominated aldermen.
Court's Interpretation of Legislative Intent
Justice Narasimha, delivering the judgment, underscored that the power to nominate aldermen is not a residual executive function but a distinct statutory duty. "The text of Section 3(3)(b) of the Act as amended in 1993 expressly enables the LG to nominate persons having special knowledge to the corporation", he said. The Court noted that the statutory scheme clearly delineates the roles and responsibilities under the Act, affirming the LG's independent authority in this matter.
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Implications for Delhi Governance
This ruling has profound implications for the governance of Delhi, particularly in the delicate balance of power between the elected government and the LG. By affirming the LG’s statutory powers, the Supreme Court has delineated the scope of executive and legislative functions in the Union Territory. The decision reinforces the notion that certain statutory powers are insulated from the influence of the elected government, a clarification that could shape future administrative and political dynamics in Delhi.
Cause Title: Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi [WP (C) No. 348/2023]
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