GOVERNMENT OF NCT OF DELHI vs OFFICE OF LIEUTENANT GOVERNOR OF DELHI, 2024
Case Title and Citation: GOVERNMENT OF NCT OF DELHI V. OFFICE OF LIEUTENANT GOVERNOR OF DELHI 2024 INSC 578 (5 August 2024)
Factual Background
The Delhi Municipal Corporation (DMC) is constituted by 250 directly elected councillors. Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, 1957, allows the Lieutenant Governor (LG) of Delhi to nominate ten individuals with specialised knowledge in municipal administration to the Corporation. Following the DMC elections held on December 4, 2022, the Aam Aadmi Party secured a majority by winning 134 out of 250 wards. On January 3, 2023, the LG proceeded to nominate ten members to the Corporation. The Government of NCT of Delhi (GNCTD) subsequently filed a Writ Petition with the Supreme Court, challenging the legality of these nominations. The GNCTD sought a ruling that the LG was required to make nominations only according to the advice of the elected Council of Ministers.
Issue(s)
The central question before the Supreme Court was whether the Lieutenant Governor (LG) is required to exercise the power of nomination under Section 3(3)(b)(i) of the DMC Act based on the aid and advice of the Council of Ministers of the NCTD, as mandated by Article 239AA(4) of the Constitution. Alternatively, the issue was whether the LG exercises this specific power as an independent statutory duty.
Decision of the Supreme Court
The Supreme Court dismissed the Writ Petition. The Court definitively held that the Lieutenant Governor is not bound by the aid and advice of the Council of Ministers of the Delhi Government when exercising the power to nominate members to the Municipal Corporation of Delhi (MCD) under Section 3(3)(b)(i) of the DMC Act. Consequently, the notifications issued by the LG on January 3, 2023, and January 4, 2023, were upheld as not being in violation of Article 239AA.
Reason for the decision
The Court’s decision rested on the unique constitutional status of the NCTD and the character of the DMC Act as a Parliamentary enactment.
- Nature of the DMC Act: The DMC Act is a law enacted by Parliament concerning local government, which falls under Entry 5 of the State List. When Parliament legislates on a subject matter contained in List II (State List) or List III (Concurrent List), the executive power of the GNCTD regarding that subject is limited by the law enacted by Parliament.
- LG’s Discretion under Article 239AA(4): Article 239AA(4) dictates that the LG acts on the aid and advice of the Council of Ministers, but it provides a specific exception where the LG is “by or under any law, required to act in his discretion”. This contrasts with the position of a State Governor, whose discretion is limited only to instances specified “by or under this Constitution”.
- Statutory Duty: The Court found that the DMC Act satisfies the “by or under any law” exception, as it is a Parliamentary law that requires the LG to exercise the power of nomination. This power is exercised as a statutory duty of the LG, distinct from the executive power of the GNCTD.
- Intent of Parliament: The power to nominate experts was introduced in Section 3(3)(b)(i) by the 1993 Amendment to the DMC Act, which was subsequent to the establishment of the Legislative Assembly and Article 239AA. This demonstrated that the vesting of power in the LG was deliberate, not merely a continuance of previous legislation.
- Distribution of Authority: The DMC Act systematically distributes distinct powers among various authorities. The LG is entrusted with powers related to the nomination of experts, appointment of the Election Commissioner, and constitution of the Finance Commission, suggesting an independent role. Meanwhile, the GNCTD is assigned powers related to making bye-laws, recruitment, and appointing taxation tribunals. This statutory scheme confirms that the LG is intended to act independently when performing the specific duty of nomination.
Conclusion
The Supreme Court concluded that since the DMC Act is a law made by Parliament specifically vesting the nomination power in the LG, the LG exercises this function as a mandatory statutory duty. Therefore, this power falls under the exception provided in Article 239AA(4), allowing the LG to act in discretion without requiring the aid and advice of the GNCTD Council of Ministers for the nomination of the ten members.
