Source- This post on Supreme Court Verdict on L-G’s Authority to Nominate Aldermen has been created based on the article “In setback for Delhi’s AAP govt, Supreme Court upholds L-G’s power to nominate 10 aldermen to MCD” published in “The Hindu” on 5 August 2024.
Why in News?
The Supreme Court confirmed that the Lieutenant Governor of Delhi has the statutory duty to nominate 10 persons with special knowledge of municipal administration to the Municipal Corporation of Delhi (MCD).
This authority is part of the L-G’s office and is not influenced by the Council of Ministers.
Authority of the Lieutenant Governor (L-G)
1. The power of the L-G is derived from Section 3(3)(b)(1) of the Delhi Municipal Corporation Act, 1957.
2. This Act was amended in 1993, allowing the L-G to nominate 10 expert persons to the MCD.
Supreme Court’s Decision
1. The judgment was delivered by a Bench consisting of Chief Justice DY Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala.
2. Justice Narasimha authored the judgment, stating that the L-G’s authority is mandated by a parliamentary law.
3. The court did not agree with the argument that the L-G’s power is outdated or merely symbolic.
Constitutional Context
1. The power vested in the L-G aligns with the amendments made to the Delhi Municipal Corporation Act in 1993, which were intended to incorporate constitutional changes in Articles 239AA and 239AB concerning municipal administration.
2. These articles deal with the establishment of the Delhi government within the framework of municipal administration.
3. Role of the Council of Ministers: The court clarified that the L-G’s power to nominate aldermen is independent and not subject to the aid and advice of the Council of Ministers.
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