SC validates Delhi Lieutenant Governor's power to nominate MCD members without govt's consent

PTC Web Desk:  The Supreme Court on Monday ruled that the Lieutenant Governor of Delhi held the authority to nominate members to the Municipal Corporation of Delhi (MCD) without requiring consent from the Delhi Government. It comes in the wake of the the provisions of the Delhi Municipal Corporation Act, which grants the Lt Governor this power, independent of the advice of the Delhi Government.

The Supreme Court clarified that this is a statutory power, not an executive one, meaning the Lt Governor must adhere to the statutory mandate rather than following the advice of the Delhi Government. "It is incorrect to suggest that the power vested in the Delhi Lt Governor is a semantic lottery. It is a law made by Parliament that mandates the Lt Governor to act in this manner, and it falls under the exception of Article 239. The 1993 MCD Act first vested this power in the Lt Governor, and it is not a relic of the past," the court stated.

The ruling comes amid controversy over the nomination of 10 aldermen to the MCD. A Bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala had reserved the verdict on May 17, 2023, regarding Lt Governor VK Saxena’s decision to nominate 10 aldermen without seeking the advice of the council of ministers.

The Supreme Court's verdict was delivered in response to the Delhi Government's petition, which sought to quash the notifications through which the Lt Governor nominated 10 members to the MCD independently, bypassing the Council of Ministers' advice.

In its plea, the Delhi Government argued that the Lt Governor could not override the elected government and make appointments to the MCD on his own.