New Delhi: The Supreme Court on Monday upheld the power of Delhi's Lieutenant Governor (LG) to appoint 10 aldermen to the Municipal Corporation of Delhi without aid and advice of the Cabinet of Delhi government.
A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala pointed out Parliament has statutorily entrusted the LG with the power to appoint the aldermen.
The court rejected Delhi government's plea for quashing of orders of January 3 and 4, 2023, and consequent gazette notifications, whereby the LG appointed 10 nominated members to the Municipal Corporation of Delhi (MCD).
Justice Narasimha, who pronounced the judgment himself and the bench, said that the Delhi government can't seek a say in the appointment of alderman, since the power is conferred on the LG.
The court also pointed out the previous five-judge Constitution bench had held Parliament can legislate on any subject falling under the jurisdiction on the Delhi government.
The judgment in the case was reserved in May 2023.
Nominations in question were made under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 (DMC Act), which provided that the MCD should include, apart from the elected councilors, ten persons of not less than 25 years of age and who have special knowledge or experience in municipal administration, “to be nominated by the administrator”.
Published 05 August 2024, 05:43 IST
