Supreme Court Affirms LG's Authority

  • 05 Aug 2024

On 5th August, 2024, the Supreme Court upheld the Delhi Lieutenant Governor's authority to appoint 10 aldermen to the Municipal Corporation of Delhi, ruling against the Delhi government's plea.

Key Points

  • Power of Appointment: The court confirmed that the Lieutenant Governor (LG) has the statutory authority to appoint aldermen to the Municipal Corporation of Delhi (MCD) without needing the Delhi Cabinet's advice.
  • Rejection of Plea: The Supreme Court dismissed the Delhi government's request to annul the LG’s appointments made on January 3 and 4, 2023, which included 10 nominated members to the MCD.
  • Judgment Pronouncement: The judge delivered the judgment, affirming that the Delhi government does not have a role in the alderman appointment process, as this power is exclusively vested in the LG.
  • Legislative Authority: The court referred to a previous five-judge Constitution bench decision that Parliament has the authority to legislate on matters within the Delhi government’s jurisdiction.
  • Nominations Basis: The appointments were made under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, which allows for the nomination of individuals with expertise in municipal administration to the MCD by the administrator.