Delhi lieutenant governor can appoint aldermen to civic body without state government’s advise: SC
The Aam Aadmi Party had moved the Supreme Court after VK Saxena appointed ten BJP leaders as aldermen to the Municipal Corporation of Delhi.
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The lieutenant governor of Delhi does not need any aid or advice from the state council of ministers to nominate aldermen to the municipal corporation, the Supreme Court held on Monday, reported Bar and Bench.
Aldermen are nominated members of the Municipal Corporation of Delhi who are tasked with assisting the House in decisions of public importance. They are appointed by the lieutenant governor.
A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala was hearing a plea by the Aam Aadmi Party-led Delhi government challenging Lieutenant Governor VK Saxena’s decision to nominate 10 aldermen to the civic body.
“It was 1993 Delhi Municipal Corporation Act which first vested the power to nominate on Lieutenant Governor,” the court said on Monday, reported Bar and Bench. “The power expressed by the statute on lieutenant governor shows the statutory schemes in which power is distributed. Delhi lieutenant governor is expected to act as per the mandate of the statute and not the aid and advice of council of ministers.”
The law requires him to do so and it is covered by the exception to Article 239 of the Constitution, which empowers the president of India to administer Union territories, the bench said.
In its plea, the Delhi government had contended that it was the first time...
