Supreme Court Distinguishes LG of Delhi’s Role from State Governors
In a recent ruling, the Supreme Court has clarified the distinct roles of the Lieutenant Governor (LG) of Delhi compared to Governors of Indian states. The Court, led by Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and PS Narasimha, emphasized that the LG of Delhi operates under different constitutional provisions than state Governors.
The key distinction lies in the LG’s discretion. While Article 163 of the Constitution mandates that State Governors must act based on the aid and advice of their respective councils of ministers—except where explicitly stated otherwise—the LG of Delhi, under Article 239AA(4), has discretion in matters prescribed by law, particularly in areas where Parliament holds legislative powers.
The Supreme Court’s judgment on August 5 upheld the LG’s authority to appoint ten aldermen to the Municipal Corporation of Delhi (MCD) without the Delhi government’s cabinet’s advice. The ruling affirmed that the LG’s statutory powers in this instance are derived from the Delhi Municipal Corporation Act, which was enacted by the Union government, and thus, the LG is not bound by the Delhi government’s council of ministers in this context.
The verdict, issued more than 15 months after the conclusion of hearings, is particularly relevant given the current scrutiny of the Delhi civic body’s handling of infrastructure issues. Recent criticisms of the MCD, including severe waterlogging and the tragic deaths of three UPSC aspirants in a flooded coaching center, have intensified the focus on governance.
The petition filed by the Aam Aadmi Party-led Delhi government argued that this was the first instance since Article 239AA was enacted in 1991 that the LG had bypassed the elected government for such nominations. During the hearings, CJI Chandrachud had expressed concerns that the LG’s actions could potentially undermine the democratic functioning of the MCD.
Senior Advocate Abhishek Manu Singhvi, along with Advocates Shadan Farasat, Shourya Dasgupta, Hrishika Jain, and Natasha Maheshwari, represented the Delhi government. Additional Solicitor General Sanjay Jain appeared on behalf of the LG.
(With inputs from agency)
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