Editorial of the Day (8th Aug): Supreme Court ruling on Aldermen

Context: Recently, the Supreme Court of India ruled that the Lieutenant Governor (L-G) of Delhi has independent authority to appoint aldermen to the Delhi Municipal Corporation.

Ruling of the Supreme Court

• L-G’s Authority:
  • The L-G’s power to appoint persons with special knowledge in municipal administration is a statutory duty.
  • This power is an exception to the constitutional provision that requires the L-G to act on the advice of Delhi’s Council of Ministers on all matters in the State and Concurrent Lists, except public order, police, and land.
• Court’s Interpretation:
  • The Court referenced the Delhi Municipal Corporation Act, 1957 (amended in 1993), which was enacted by Parliament, affirming that the Act itself grants distinct roles to various authorities:
  • The Administrator (L-G) has the power to nominate 10 individuals with special knowledge to the Corporation.
  • The Speaker has the authority to nominate some legislators to serve on the Corporation by rotation.
  • This arrangement was identified as showcasing independent statutory power granted to the L-G.

Political and Administrative Implications

• A Constitution Bench in 2018 attempted to establish a framework to mitigate conflicts between the L-G and the Chief Minister of Delhi, which arise from political differences between the Bharatiya Janata Party (BJP) at the Centre and the Aam Aadmi Party (AAP) in Delhi.
• Despite efforts to balance power, the verdict underscores the central government’s dominant role in the governance of Delhi.
• The verdict also confirms the constitutional allowance for Parliament to enact, amend, or supersede laws on any matter within the jurisdiction of the Delhi Assembly, limiting the legislative power exclusive to other states.
• Central Overlordship:
  • The Centre has ultimate control over Delhi, as evidenced by the latest verdict on aldermen appointments.
  • The Constitution allows Parliament to enact laws on any matter within the Delhi Assembly’s jurisdiction.
  • Parliament can amend or supersede any law made by the Delhi Assembly.
  • Legislative and executive powers being coextensive means the Delhi government can be undermined by the Centre.

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