A Supreme Court bench said that the LG is expected to act as per the statutory mandate and not as per the aid and advice of the Delhi government.
The bench held that the Delhi Municipal Corporation Act, 1957 (DMC Act) gives the Delhi L-G the ‘explicit’ power to nominate aldermen without any requirement to consult the Council of Ministers, and held that the nomination of 10 aldermen in January 2023 was a valid exercise of power.
The verdict of the apex court came on a plea from the Delhi government challenging the nominations of 10 ‘aldermen’ by the LG to the Municipal Corporation of Delhi.
In May 2023, the apex court had reserved the judgment.
About aldermen
Under the DMC Act, Delhi is divided into 12 zones. The Act also creates a ‘Wards Committee’ for each zone comprising elected representatives and the aldermen within that territory.
The Delhi L-G under Section 3 the DMC Act is empowered to nominate 10 aldermen who must be above 25 years of age and have special knowledge or experience in municipal administration.
Though the aldermen do not have the right to vote in the MCD meetings, they play a crucial role in the functioning of the house through the Ward Committee.
Each of the 12 Wards Committees must elect a member to be a part of the MCD Standing Committee in their first meeting.
Aldermen can vote in these elections and stand as candidates for being elected as a member of the Standing Committee.
