The Supreme Court has asked about the “source of power” of the Lieutenant Governor under which he can nominate to the Municipal Corporation of Delhi (MCD).
Chief Justice of India, DY CHandrachud, asked Additional Solicitor General Sanjay Jain as he appeared for the LG, “Show us what is the source of the power of L-G to nominate aldermen… Does the constitution recognize the power of L-G to nominate aldermen?”
Delhi government seeks quashing of nomination by the LG
The bench was hearing a plea by the Delhi government which sought quashing of the orders and notifications issued by the LG on January 1 and January 4, 2023 under which he nominated 10 persons under the Delhi Municipal Corporation (DMC) ACT, 1957 as nominated members of the MCD. The plea further sought directions to the L-G to nominate the members of MCD under the DMC Act in accordance with the aid the advice and advice of the council of ministers in the Legislative Assembly of Legislative Assembly of the Government by the National Capital Territory of Delhi (GNCTD).
“MCD is an insitution of self-government’
ASG Jain, Opposing the Delhi government plea, said, “The concept of aid and advice in the context of exercise of power by the administrator as regards MCD Act, they are two different statutory regimes.” He added that “organically, the argument is that the governance of Delhi under Article 239AA (which grants special status to Delhi) and the GNCTD Act is not at all a factor in the governance model of municipal corporations”.
The law officer referred to a counter affidavit filed by the L-G, which said “the governance of municipalities is independent of the regime of governance of the elected state governments”. He said that administrator’s power to nominate members in the MCD, is different from the one which has been portrayed by the Delhi government here.
He further added, “MCD is an institution of self- government and the role of the administrator within the meaning of MCD Act is not a mirror image of what is provided either under Article 239AA (which grants special status to Delhi) or under the GNCTD (Government of the National Capital Territory of Delhi) Act.”
“Why don’t you (Additional Solicitor General Sanjay Jain, appearing for the office of the LG) advise the LG that he cannot nominate members in the MCD. He has to act as per the aid and advice of the government,” the CJI had said.
‘The LG should have taken back the nomination by now’
Senior advocate Abhishek Sanghvi, who represented the Delhi government, referring to the 2018 and recent constitution bench judgements on control over services and said the LG has to act as per the aid and advice of the government. The LG should have taken back the nominations by now, he added.
“There are 12 zones, 12 ward committees and aldermen can be appointed to any committee..for the first time in last 30 years, the LG has directly appointed members in the MCD and and earlier it was always based on aid and advice (of the government),” he said.
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