Supreme Court Upholds LG's Power to Nominate Aldermen in Delhi MCD

The Supreme Court has confirmed that the Delhi lieutenant governor (LG) possesses the authority to nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) without being bound by the aid and advice of the council of ministers. This ruling is derived from the Delhi Municipal Corporation Act, a parliamentary enactment.

The Supreme Court has issued a landmark verdict asserting that the Delhi lieutenant governor (LG) can nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) without the need for advice from the council of ministers. This decision hinges on the Delhi Municipal Corporation Act, enacted by Parliament.

The ruling, delivered by Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala, highlights that the LG's power to nominate is a statutory duty, based on a distinct provision laid out in the amended 1993 Act. The bench clarified that this duty does not fall under the executive powers of the Government of National Capital Territory of Delhi (GNCTD).

This pronouncement has significant implications for the dynamics of power within Delhi's MCD, potentially affecting the distribution of funds and the stability of the AAP-led municipal administration. The ruling underscores the unique constitutional status and administrative framework governing the National Capital Territory of Delhi.