On Monday, the Supreme Court of India affirmed that the Lieutenant Governor of Delhi does not require the advice or consent of the state council of ministers to appoint aldermen to the Municipal Corporation of Delhi (MCD). The ruling reinforces the Lieutenant Governor’s authority to make such appointments independently, as outlined in the 1993 Delhi Municipal Corporation Act and supported by constitutional provisions.
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- The Supreme Court ruled that the Lieutenant Governor of Delhi can appoint aldermen without seeking advice from the state council of ministers.
- Aldermen are nominated members of the Municipal Corporation of Delhi who assist in important public decisions.
- The appointment power for aldermen is vested in the Lieutenant Governor under the 1993 Delhi Municipal Corporation Act.
- The court’s decision was based on the statutory mandate and the constitutional exception provided by Article 239.
- Article 239 grants the President of India authority over Union Territories, which includes Delhi.
- The ruling came in response to a plea from the Aam Aadmi Party-led Delhi government challenging the Lieutenant Governor’s appointment of 10 aldermen.
- The Delhi government argued that this was the first instance of such a challenge regarding alderman appointments.
- The Supreme Court’s decision emphasizes that the Lieutenant Governor’s powers are defined by the statute rather than by the council of ministers.
- Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala were the bench delivering the judgment.
- The ruling clarifies the distribution of power between the Lieutenant Governor and the Delhi government concerning municipal appointments.
