AAP vs Delhi Lt Governor: Supreme Court upholds L-G's powers in MCD

India's Supreme Court on Monday (Aug 5) upheld the authority of the Lieutenant Governor (L-G) of Delhi to nominate 10 individuals with specialised knowledge in municipal administration to the Municipal Corporation of Delhi (MCD). The top court said that this statutory duty is attached to the L-G’s office and does not require the aid and advice of the Council of Ministers.

The ruling, written by Justice P.S. Narasimha, as part of a two-judge bench comprised of Justice Sanjay Kumar as well, drew its basis from Section 3(3)(b)(1) of the Delhi Municipal Corporation Act, 1957.

This law, amended in 1993, grants the L-G the power to nominate experts to the municipal body.

The two-judge Bench referred to a previous Constitution Bench judgment, which established that the executive power of the Delhi government must align with parliamentary laws addressing subjects in the State and Concurrent Lists of the Seventh Schedule of the Constitution.

Justice Narasimha dismissed the argument presented by senior advocate Abhishek Manu Singhvi, representing Delhi, that the L-G’s power was outdated and merely symbolic.

Singhvi contended that the democratically elected Delhi government should have autonomous control over its municipal administration without interference from the L-G.

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"This is a law made by the Parliament... The law requires the L-G to exercise power," the court noted.

The central question before the court was whether the LG's nomination of the 10 experts was a statutory duty independent of the Council of Ministers' advice.

Justice Narasimha clarified that the 1993 amendments to the DMC Act were designed to incorporate constitutional changes related to the establishment of the Delhi government, specifically Articles 239AA and 239AB concerning municipal administration.

"The statutory power under Section 3(3)(b)(1) to name the 10 persons of special knowledge was vested in the L-G for the first time through the 1993 amendments to the DMC Act, 1957, in order to incorporate constitutional changes in Articles 239AA and 239AB of the Constitution in Part 9A concerning municipal administration," Justice Narasimha observed.

(With inputs from agencies)