On 5th August, Supreme Court of India upheld Delhi Lieutenant Governor’s decision to nominate 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD). Aam Aadmi Party (AAP) had filed a plea in the apex court against LG’s decision stating LG did not seek aid and advice of the Delhi government in the matter.
justice PS Narasimha: the power expressed by the statute on LG shows the statutory schemes in which power is distributed. Delhi LG is expected to act as per the mandate of the statute AND NOT THE AID AND ADVICE OF COUNCIL OF MINISTERS@AamAadmiParty @LtGovDelhi…
— Bar and Bench (@barandbench) August 5, 2024
A bench of Chief Justice of India DY Chandrachud and Justices Narasimha, JB Pardiwala said that LG is expected to act as per the statutory mandate and not as per the aid and advice of the Delhi government. Since it was a statutory power and not an executive power, the LG was expected to act as per the statutory mandate and not as per the aid and advice of the Delhi Government, it added.
“Delhi LG is expected to act as per the mandate of the statute and not the aid and advice of council of ministers,” said the top court while pronouncing the judgement.
The verdict by the Supreme Court came on the plea by AAP-led Delhi government challenging the nominations of 10 ‘aldermen’ by the LG to the Municipal Corporation of Delhi. In May 2023, the apex court had reserved the judgement. AAP government contended that the nominations were made in the ward committees of the MCD where BJP was weak.
What was the aldermen issue?
Counsel appearing for LG contended that “aid and advice” of the Delhi government was not required while exercising a statutory power which was specifically conferred on the Administrator. After AAP won the municipal elections, the LG appointed 10 ‘aldermen’ that were opposed by Delhi government. In its plea, the Delhi government sought quashing of orders dated 3rd January and 4th January 2023 where the LG nominated 10 persons as the nominated members of the MCD.
Delhi government stated that LG “illegally appointed the members to MCD on his own initiative without the aid and advice of the Council of Ministers. This is the first time since Article 239AA came into effect in 1991 that such a nomination has been made by the LG completely by-passing the elected government, thereby arrogating to an unelected office a power that belongs to the duly elected government,” Arvind Kejriwal-led Delhi government had said.
It had sought direction “to nominate members to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, in accordance with the aid and advice of the Council of Ministers.”
“It is pertinent to note that neither the section nor any other provision of law says anywhere that such nomination is to be made by the Administrator in his discretion. As such, under the scheme of Article 239AA of the Constitution, the word “Administrator” must necessarily be read as Administrator / Lieutenant Governor, acting on the aid and advice of the Council of Ministers, and the Lieutenant Governor was bound to make the nominations on the aid and advice of the Council of Ministers,” the plea had added.
In the present case, the Lieutenant Governor has not been vested with any discretionary authority to make nominations to the MCD under either a constitutional provision, or any statutory provision, the Aam Aadmi Party had said.
“Accordingly, the only two courses of action open to him were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President. It was not open to him at all to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed,” the plea had added.
Reacting to the judgment, AAP MP Sanjay Singh said, “I think this is a very big blow to Indian democracy and by bypassing the elected government, you are giving all the rights to LG. I think this is not good for democracy and the Constitution of India. I want to say with due respect that we completely disagree with this decision. This decision is against the spirit of democracy, and it is completely opposite to the comments of the court during the hearing…After reading the full order, we will make a strategy as to what to do next.”
#WATCH | On Supreme Court upholds Delhi LG's power to appoint aldermen to MCD, AAP MP Sanjay Singh says, "I think this is a very big blow to Indian democracy and by bypassing the elected government, you are giving all the rights to LG. I think this is not good for democracy and… pic.twitter.com/8PV2M2rsns
— ANI (@ANI) August 5, 2024
Who are aldermen and what are their role in MCD
According to the DMC Act, Delhi is divided into 12 zones. The Act also creates a Wards Committee for each zone that has elected representatives and aldermen within the territory. The LG of Delhi has the power to nominate 10 aldermen who must be above the age of 25 years and have “special knowledge or experience in municipal administration”. These aldermen do not have the right to vote in the MCD meetings. However, they play a crucial role in the functioning of the MCD through the Ward Committee.
Notably, every ward committee has to elect a member to be a part of the MCD Standing Committee in the first meeting. Aldermen have the right to vote in these elections and stand as candidates for being elected as members of the committee. Six Standing Committee members get elected directly by the MCS house after the election of the mayor.
Even though the Mayor is the head of the MCD, it is the standing committee that effectively manages the functioning of the MCD. The standing committee cannot be constituted without the votes of aldermen. If there is no standing committee, MCD cannot enter into contracts of more than Rs 5 crore. Furthermore, the committee plays a crucial role in appointing MCD officers, recommending budget revisions and approving any exercise of power that involves expenditure beyond the current financial year.
