Context: 

Even though it has been more than two months since the elections to the Delhi Municipal Corporation were held, the city still does not have a Mayor. 

Supreme Court Oral Observation:

• A petition filed by AAP Councillor, in which a three-judge Bench of the Supreme Court headed by the Chief Justice of India orally observed that “nominated members cannot go for election”.

Issues:

• The election was supposed to take place in the first session of the new Council.
• However, the election could not be held on three attempts.
• The house was adjourned following tumultuous exchanges between councillors.
• The reason was that, the presiding officer had allowed nominated members to vote in the election for the Mayor, Deputy Mayor, and Standing Committee of the Corporation
• The question of whether nominated members, or aldermen, can vote is fairly straightforward.

Provisions on Voting Rights of Nominated Members in Municipal Corporations:

• Section 3(b)(i) of the Delhi Municipal Corporation (DMC) Act, 1957: It provides that 10 people who have “special knowledge or experience in municipal administration” are to be nominated to the Corporation, but the provision clearly states that such nominated persons “shall not have the right to vote in the meetings of the Corporation.” 
• Article 243R(2)(a) of the Constitution: Which was introduced by the 74th Amendment, provides that state legislation can include those with special knowledge on municipal administration to be represented in municipalities but such persons shall not have the right to vote.

Union Government’s Attempts to Control Delhi’s Governance:

• National Capital Territory of Delhi (Amendment) Act, 2021: This was passed to “give effect to the interpretation” of the 2018 judgment of the Supreme Court that had affirmed the primacy of the elected government in Delhi, the amendment in reality nullifies the judgment by “clarifying” that the expression “Government” shall mean the LG.
  • The amendment further provided that on matters specified by the LG, the Council of Ministers must obtain the permission of the LG before taking any executive decision and also imposed restrictions on the inherent rule-making powers of the Legislative Assembly.

• The passing of the Delhi Municipal Corporation Act:In April 2022, Parliament amended the Delhi Municipal Corporation Act to merge the North, South, and East Delhi Municipal Corporations into a single corporation.

• • Though local governments are a state subject under the Seventh Schedule of the Constitution, the Union government used its plenary powers under Article 239AA of the Constitution to pass this law. 

Factors Stifling the Authority of Municipal Governments:

• Despite the 74th Amendment, state governments continue to exercise control over many of the 18 functions meant to be devolved to municipal governments.
• State government-appointed commissioners often hold executive powers of municipalities, while Mayors are left with a largely ceremonial role.
• Municipalities have few revenue-generating powers and must rely on grants and loans from state and Union governments.
• National-level urban development programs such as the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) and the Smart Cities Mission have given the Union government a larger role in urban governance.

Way Forward:

• There needs to be more conversation about what authority each level of government should exercise. 
• While local autonomy is crucial, higher levels of government can also have a legitimate role in local issues — to ensure regional coordination, reduce spatial inequality, or manage economic and environmental externalities. Hence, cooperation of both is required in respective authorized roles.

News Source: The Hindu 

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