SC VERDICT ON ALDERMAN ISSUE

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Context: The Supreme Court’s ruling on aldermen appointments will impact the MCD’s Standing Committee, affecting governance and political dynamics between AAP and BJP.

 Details

• The Supreme Court ruled that the Lieutenant Governor (LG) of Delhi has the authority to nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) without the advice of the elected Delhi government.
• The decision is expected to have significant impacts on the functioning of the MCD, the ongoing political tussle between the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP), and the future of civic administration in Delhi.

Aldermen in MCD ●The term “alderman” refers to a member of a city council or municipal body, derived from Old English. ●Role and Powers: ○Nomination Criteria: Under Section 3 of the DMC Act, the L-G can nominate 10 aldermen who must be over 25 years old and possess special knowledge or experience in municipal administration. ○Voting Rights: ■MCD Meetings: Aldermen do not have voting rights in regular MCD meetings. ■Wards Committee Meetings: They can vote in the Wards Committees and play a role in electing members to the MCD Standing Committee. ○Standing Committee Elections: Aldermen can stand for election to the Standing Committee, influencing its composition and decisions. ●Functions of the Standing Committee: ○Approval of Contracts: The Standing Committee approves contracts involving more than ₹5 crore. ○Appointments and Budget: It appoints key MCD officers, recommends budget revisions, and oversees expenditures beyond the current year.

Background of the Dispute

• 2023 Nomination: In January 2023, the Delhi Lieutenant Governor (L-G) used powers under Section 3 of the Delhi Municipal Corporation Act, 1957 (DMC Act) to nominate 10 aldermen to the Municipal Corporation of Delhi (MCD).
• Legal Challenge: The Delhi government challenged these nominations in the Supreme Court in March 2023, arguing that they were made without consulting the Delhi government’s Council of Ministers.

 Arguments

• Delhi Government’s Argument:
  • • Article 239AA: The Delhi government argued that according to Article 239AA of the Indian Constitution, the L-G must act on the “aid and advice” of the Council of Ministers. This provision grants special status to Delhi and asserts that decisions on local governance should involve the elected government.
    • State (NCT of Delhi) v. Union of India, 2018: In this case, the Supreme Court ruled that the L-G must follow the Council of Ministers’ advice on subjects under the State and Concurrent lists, except for a few areas.
    • Local Government Subject: The Delhi government pointed out that “Local Government” falls under the State List, implying the L-G should consult the government on these matters.
• L-G’s Argument:
  • • DMC Act 1957: The L-G argued that the DMC Act provides clear powers for the L-G to appoint aldermen without needing advice from the Council of Ministers. The Act explicitly grants this authority to the L-G.

Supreme Court Ruling

• Decision: The Supreme Court upheld the L-G’s power to nominate aldermen independently, as provided by the DMC Act. The Court emphasized that the Act gives the L-G explicit authority to make these nominations.
• Reference to Previous Judgment: The Court also referred to the 2023 case of Government of NCT of Delhi v. Union of India, which established that Parliament has the power to legislate over State List subjects for Delhi, including local government matters.

Significance of the Verdict

Impact on MCD Operations:

• Standing Committee Formation: The Standing Committee is a crucial body within the MCD. It oversees significant decisions, including approvals for major projects and budget allocations. The absence of this committee for 18 months has stalled various development projects.
• Elections for Committees: The Supreme Court’s ruling will now enable the elections for the 12 zonal ward committees and the Standing Committee to proceed. This is expected to resolve the logjam affecting Delhi’s civic projects.

Political Ramifications:

• AAP’s Position: AAP views the ruling as a setback for democracy, claiming it undermines the authority of the elected government and centralizes power with the LG. AAP argues that this decision could skew the balance of power in favour of the BJP.
• BJP’s Position: The BJP welcomed the ruling, seeing it as an opportunity to gain control over the MCD’s Standing Committee and influence major decisions. The party argues that the AAP’s delay tactics have hampered development and governance.

Importance of Control over the Standing Committee

Role of Aldermen:

• Voting Rights: Although aldermen do not vote in the MCD House meetings, their participation in zonal committees can affect the election of Standing Committee members. Their votes could influence the composition of the committee.
• Standing Committee Functions: This committee is responsible for approving projects and financial decisions over ₹5 crore. It plays a key role in managing large-scale civic projects and budgets.

Impact of the Logjam:

• Project Delays: The absence of the Standing Committee has led to delays in over 60 major projects, including waste management and infrastructure developments. This has affected various city projects and public services.

What’s Next?

Election Process:

• Ward Committees and Standing Committee: With the Supreme Court’s ruling, elections for the 12 zonal ward committees will now be held. Each committee will elect members to the Standing Committee, which will then elect its chairman.
• Timeline: The entire process of electing the Standing Committee could take 1 to 1.5 months, including time for nominations and elections.

Political Strategies:

• AAP: AAP is expected to challenge the ruling and seek ways to assert its authority within the MCD. The party may also focus on preparing for the elections to the Standing Committee to maintain its influence.
• BJP: The BJP will likely use the opportunity to strengthen its position within the MCD. The party will aim to leverage its advantage in certain zonal committees to gain control of the Standing Committee.

Conclusion

• The Supreme Court’s decision affirms the Delhi L-G’s authority to appoint aldermen without consulting the Delhi government’s Council of Ministers, based on the powers granted by the DMC Act. This ruling has significant implications for the functioning of the MCD, influencing its governance and the ongoing political dynamics in Delhi.

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Source:

THE HINDU

PRACTICE QUESTION Q. Examine the role of the judiciary in defining federalism in India. How has judicial activism influenced the distribution of power between the Central and State Governments? Illustrate with specific case examples.