15 Months Later: Supreme Court Empowers Delhi L-G to Nominate MCD Aldermen Directly

In a landmark decision, the Supreme Court ruled on Monday, August 5, that the Delhi Lieutenant Governor (L-G) can directly nominate aldermen to the Municipal Corporation of Delhi (MCD), without the need for consultation with the Council of Ministers. This verdict comes after a 15-month-long deliberation and has significant implications for the governance of the national capital.

The Background

In January 2023, the Delhi L-G invoked his powers under Section 3 of the Delhi Municipal Corporation Act, 1957 (DMC Act) to nominate 10 aldermen to the MCD. These aldermen, though non-voting members in MCD meetings, play a crucial role in the functioning of the corporation, particularly through their involvement in the Ward Committees. Their nomination was immediately contested, bringing the MCD’s operations to a standstill as key functions could not be performed without the aldermen’s participation.

Understanding the Role of Aldermen

Aldermen are appointed individuals who possess special knowledge or experience in municipal administration. Under the DMC Act, they are vital for the proper functioning of the MCD’s Ward Committees, which are responsible for significant decision-making processes within the corporation. Each Ward Committee elects a member to the MCD Standing Committee, which is crucial for managing the corporation’s operations, including budget revisions, contract approvals, and officer appointments.

The Legal Challenge

The nomination of the 10 aldermen by the L-G was challenged by the Delhi government, which argued that such appointments should be made with the aid and advice of the Council of Ministers, as stipulated under Article 239AA of the Constitution. This article grants special provisions to the National Capital Territory of Delhi, including the establishment of a Legislative Assembly and a Council of Ministers to advise the L-G.

The Delhi government’s stance was supported by the 2018 Supreme Court decision in State (NCT of Delhi) v. Union of India, which held that the L-G is generally bound by the aid and advice of the Council of Ministers in matters where the Legislative Assembly has the power to legislate. The Delhi government argued that ‘Local Government’ falls under the State List, thereby requiring the L-G to act on the advice of the Council.

The Supreme Court’s Decision

The bench of Justices P.S. Narasimha and P.V. Sanjay Kumar based their ruling on the 2023 decision in Government of NCT of Delhi v. Union of India, which clarified that Parliament has the power to legislate over State List subjects for the NCT of Delhi. Consequently, the DMC Act, which gives the L-G the explicit power to nominate aldermen, was upheld.

The court ruled that the L-G’s nominations were a valid exercise of power, emphasizing that the DMC Act does not require the L-G to seek the Council of Ministers’ advice for such nominations. This decision effectively reinforced the L-G’s authority in municipal matters, setting a precedent for future governance in Delhi.

While hearing the case, CJI Chandrachud orally remarked that with the power to nominate members to the MCD, the L-G can effectively destabilize the democratically elected MCD. This was in light of the fact that the aldermen get appointed to Standing Committees and have voting power.

Implications of the Ruling

This ruling has far-reaching implications for the political dynamics in Delhi. By empowering the L-G to nominate aldermen independently, the court has potentially altered the balance of power between the elected Delhi government and the centrally-appointed L-G. The ability to nominate aldermen who can influence the MCD’s decision-making process gives the L-G a substantial role in the local governance of Delhi.

The Supreme Court’s verdict marks a significant shift in the governance of Delhi, reaffirming the L-G’s authority in municipal appointments. This decision could pave the way for smoother functioning of the MCD, which has been hampered by legal challenges and political tussles. As Delhi navigates this new landscape, the implications of this ruling will unfold, influencing the capital’s administrative and political framework in the years to come.