Supreme Court rules Delhi LG not bound by Delhi govt. advice for appointment of aldermen to MCD
Published by Bar and Bench
The Supreme Court on Monday upheld the appointment of ten aldermen by the Lieutenant Governor (LG) of Delhi to the Municipal Corporation of Delhi (MCD) without the aid and advice of the Delhi government’s cabinet [Government of NCT of Delhi vs Office of Lieutenant Governor of Delhi]
A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and PS Narasimha ruled that the Delhi LG is not bound by the aid and advice of the Delhi government’s cabinet on appointment of aldermen since his powers in that regard is derived from the Delhi Municipal Corporation Act.
“It was 1993 Delhi Municipal Corporation Act which first vested the power to nominate on LG. the power expressed by the statute on LG shows the statutory schemes in which power is distributed. Delhi LG is expected to act as per the mandate of the statute and not the aid and advice of council of ministers,” the Court held.