07-August-2024-Editorial

SUPREME COURT RULING ON THE NOMINATION OF MCD ALDERMEN

The Supreme Court of India recently ruled that the Lieutenant Governor (LG) of Delhi has the authority to nominate “aldermen” to the Municipal Corporation of Delhi (MCD) without requiring the advice of the Delhi Government’s Council of Ministers.

This decision clarifies the powers of the LG under the Delhi Municipal Corporation Act, 1957, and its relationship with the elected government of Delhi.

Supreme Court’s Ruling on MCD Aldermen

• Legal Foundation: The Supreme Court interpreted Section 3 of the Delhi Municipal Corporation Act, 1957, which grants the LG the explicit authority to nominate aldermen. The Court emphasized that this power does not necessitate consultation with the Council of Ministers.
• Reference Case: The judgment referenced the 2023 decision in the case of Government of NCT of Delhi v. Union of India, where it was held that Parliament could legislate on State List subjects for the National Capital Territory (NCT) of Delhi. This includes laws related to ‘local government,’ such as the DMC Act, 1957.

Issues Surrounding the Nomination of Aldermen

• Constitutional Provision: Article 239AA of the Indian Constitution outlines that the Council of Ministers, along with the Chief Minister, should aid and advise the LG on matters within the jurisdiction of the Delhi Legislative Assembly, except where the LG must act at his discretion.
• Scope of Assembly’s Power: The Delhi Legislative Assembly can legislate on most matters except those related to public order, police, and land.
• Disputed Nominations: On 3rd January 2023, the LG nominated 10 aldermen under the DMC Act, 1957. The Delhi Government challenged this in the Supreme Court, arguing that the LG should act based on the Council of Ministers’ advice.
• LG’s Argument: The LG argued that the DMC Act, 1957, grants him the power to nominate aldermen independently of the Council of Ministers.

Role and Position of Aldermen in MCD

• Definition: An alderman is a member of a city council or municipal corporation. Traditionally, the term referred to elders or leaders within a community, but it evolved to denote a senior municipal official with experience in civic administration.
• Responsibilities: Aldermen are expected to provide expertise in municipal governance and assist in decision-making processes within the MCD.
• Nomination Process: The LG has the authority to nominate 10 aldermen, who must be at least 25 years old and possess relevant experience in municipal administration.
• Voting Rights and Influence: Although aldermen cannot vote in general MCD meetings, they play a crucial role in Wards Committees, where they can vote and even stand for election to the MCD Standing Committee. This committee is instrumental in managing MCD functions, including financial decisions and budget revisions.

Governance Structure of Delhi

• 69th Amendment Act, 1991: This amendment introduced Article 239AA, which established Delhi as the National Capital Territory (NCT) and created a unique governance model with a Legislative Assembly and a Lieutenant Governor.
• Aid and Advice Clause: The LG is generally required to act on the aid and advice of the Council of Ministers on matters within the Legislative Assembly’s authority, except in areas such as public order, police, and land.
• Judicial Perspective: In Government of NCT of Delhi v. Union of India, 2018, the Supreme Court held that the LG must act based on the aid and advice of the Council of Ministers, with exceptions only in exceptional circumstances where the LG refers matters to the President.

Conclusion

The Supreme Court’s ruling reinforces the autonomy of the LG in specific administrative functions, such as the nomination of aldermen.

This decision highlights the complex governance model of Delhi, which balances federalism with the unique status of the NCT.

The ruling underlines the importance of collaboration and trust between the elected government and the LG in the effective administration of Delhi.