The Supreme Court declared on Monday that the Lt Governor of Delhi has the authority to nominate members to the Municipal Corporation of Delhi (MCD) without needing the government’s approval.
The Court ruled that the power came from the Delhi Municipal Corporation Act, so the Lt Governor didn’t need to follow the advice of the Delhi government. Since it is a statutory power and not an executive one, the Lieutenant Governor had to follow the statutory mandate, not as per the advice of the Delhi Government.
“It is incorrect to suggest that power in Delhi Lt Governor was semantic lottery. The law is made by the parliament, it satisfies the discretion exercised by Lt Governor since law requires him to do so and falls under exception of article 239. It was 1993 MCD Act which first vested the power to nominate on Lt Governor and is not a relic of the past,” the court stated.
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Supreme Court Rules on Delhi Lt Governor’s Nomination Powers Amid Controversy
In response to the controversy surrounding the nomination of 10 aldermen to the Municipal Corporation of Delhi (MCD), a Bench led by CJI Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala reserved its verdict on May 17, 2023. The case concerned Lt Governor VK Saxena’s decision to appoint 10 aldermen independently, without the Council of Ministers’ advice.
The Supreme Court delivered its verdict on a petition from the Delhi government challenging the Lt Governor’s direct nominations, arguing that such appointments bypassed the elected government and were made without proper consultation.
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