In a decisive judgment, the Supreme Court of India has affirmed that the Lieutenant Governor (LG) of Delhi possesses the authority to nominate ten aldermen to the Municipal Corporation of Delhi (MCD), independent of the elected government’s advice. This landmark ruling, pronounced by a bench led by Chief Justice D Y Chandrachud, underscores the unique administrative structure of the National Capital Territory (NCT) of Delhi, as outlined by the Parliament.
The bench, which also included Justices P S Narasimha and J B Pardiwala, clarified that under section 3 of the Delhi Municipal Corporation Act of 1993—a parliamentary enactment—the LG is mandated to nominate individuals with specialized knowledge in municipal administration. This act does not require the LG to consult or act upon the advice of the Delhi Council of Ministers in these appointments.
Justice Narasimha, writing for the bench, emphasized the distinction between the roles of governors and the LG, especially under Article 239AA of the Constitution, which pertains specifically to Delhi. Unlike governors who act mostly on the advice of their respective state councils except in discretion-allowed circumstances, the LG of Delhi has wider discretionary powers due to the special constitutional provisions governing the city.
The apex court’s ruling came as a significant blow to the Aam Aadmi Party (AAP)-led Delhi government, which had argued that the LG should act on the advice of the elected government in such nominations. The court’s decision highlighted that the power to nominate aldermen lies solely with the LG, stemming directly from statutory law rather than being an executive power of the Government of the National Capital Territory of Delhi (GNCTD).
This judgment is crucial as it resolves a prolonged contention between the Delhi government and the LG over the extent of the LG’s powers in administrative actions. It also sets a precedent for how the unique governance structure of Delhi will function, particularly in how the LG’s roles and responsibilities are delineated from those of the elected government.
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The ruling also addressed the contention regarding the terminology used in the legislation. The court dismissed the argument by the Delhi government that the use of the term ‘administrator’ for the LG was a result of historical oversight or semantic confusion.
