The Supreme Court has ruled that the Centre-appointed Delhi Lieutenant Governor (L-G) has the power to nominate ‘aldermen’ to the Municipal Corporation of Delhi (MCD) without the aid and advice of the Council of Ministers from the Delhi Government.
Background of The Case
- The Delhi L-G, in 2023 nominated 10 aldermen by invoking his powers under Section 3 of the Delhi Municipal Corporation Act, 1957 (DMC Act).
- The nomination was legally challenged by the Delhi government, who filed a plea seeking quashing of notifications at the Supreme Court in March 2023.
- Argument:
- Powers under Article 239AA: The Delhi Government argued that the notifications were illegal as the Delhi L-G can only make nominations based on the ‘aid and advice of the Council of Ministers’ as per the special status given to the NCT of Delhi under Article 239AA of the Constitution of India.
- State (NCT of Delhi) v. Union of India 2018: In this case the SC held that the Delhi L-G was bound by the aid and advice of the Council of Ministers in all matters related to subjects under the State and Concurrent lists (besides the three excluded subjects).
- The Delhi government pointed out that one of the subjects in the State List is ‘Local Government’ (Entry 5).
- DMC ACT 1957: The Delhi L-G, argued a specifically defined role for the ‘Administrator’ under the DMC Act granting him the power to nominate aldermen and it is not necessary to seek out the aid and advice of the Council of Ministers while exercising this power.
- Supreme Court Ruling: The SC held that the nomination of 10 aldermen in January 2023 was a valid exercise of power and the Delhi Municipal Corporation Act, 1957 (DMC Act) gives the Delhi L-G the ‘explicit’ power to nominate aldermen without any requirement to consult the Council of Ministers.
- The court referred to the five-judge bench decision in Government of NCT of Delhi v. Union of India (2023), which ruled that Parliament would have the power to legislate over subjects in the State List as well, when it comes to the NCT of Delhi.
- In this case that would include passing laws over ‘local government’, which is subject under the State List and would cover the DMC Act.
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About Aldermen
- Alderman refers to a member of a city council or municipal body, derived from Old English.
- The Delhi L-G under Section 3 the DMC Act is empowered to nominate 10 aldermen who must be above 25 years of age having special knowledge or experience in municipal administration.
- Alderman play a crucial role in the functioning of the house through the Ward Committee.
- DMC Act: Delhi is divided into 12 zones with the Act creating a ‘Wards Committee’ for each zone comprising elected representatives and the aldermen within that territory.
- Functions:
- Voting Power: Although the aldermen do not have the right to vote in the MCD meetings, They can vote in the first meeting of the MCD Standing Committee to elect a member of the Committee.
- Each of the 12 Wards Committees must elect a member to be a part of the MCD Standing Committee in their first meeting.
- The remaining six Standing Committee members are chosen directly by the MCD house after the mayoral elections.
- Alderman can also stand as candidates for being elected as a member of the Standing Committee.
- Importance:
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- Aldermen hold significant power and play an important role in the elections of Standing Committees, MCD in-house and ward committee meetings.
- Stalling MCD’s functioning: The MCD’s Standing Committee cannot be constituted without the alderman participating in the voting process.
- The Standing Committee of the MCD: It performs crucial functions, including entering into contracts involving more than Rs. 5 crore expenditure, appointing MCD officers to key positions, recommending budget revisions, or approving any exercise of power involving expenditure beyond the current year.
August 5, 2024
