SC verdict a setback for Delhi's AAP govt: Who are aldermen and what's the tussle between Centre and state

Supreme Court

Fifteen months after reserving its verdict, the Supreme Court ruled on Monday that the Centre-appointed Delhi Lieutenant Governor (L-G) has the "explicit authority" to nominate 'aldermen' to the Municipal Corporation of Delhi (MCD) without consulting the Delhi government's Council of Ministers.

In January, the Delhi L-G invoked his powers under Section 3 of the Delhi Municipal Corporation Act, 1957, to nominate 10 aldermen. However, the legality of these nominations was questioned, causing a halt in key functions of the MCD.

Who are aldermen and what's the case of Delhi

According to the Delhi Municipal Corporation (DMC) Act, 1957, 10 people, over the age of 25 can be nominated to the corporation by the administrator (the LG) as aldermen.

Aldermen are expected to have special knowledge or experience in municipal administration who are meant to assist the house in taking decisions of public importance.

Under the DMC Act, Delhi is divided into 12 zones, each with a 'Wards Committee' comprising elected representatives and aldermen.

The Delhi Lieutenant Governor (L-G) has the authority under Section 3 of the DMC Act to nominate 10 aldermen.

While these aldermen cannot vote in MCD meetings, they play an essential role in the house's functioning through the Ward Committees.

In the first meeting of each of the 12 Ward Committees, a member is elected to the MCD Standing Committee. Aldermen can participate in these elections and stand as candidates for the Standing Committee.

The remaining six members of the Standing Committee are elected directly by the MCD house following the mayoral elections.

Aldermen can vote in these elections and stand as candidates for the Standing Committee. The remaining six Standing Committee members are elected directly by the MCD house following the mayoral elections.

While the Mayor is the nominal head of the MCD, the Standing Committee effectively manages the corporation's functions. This committee cannot be constituted without the aldermen's participation in the voting process.

What is the tussle between Centre and Delhi government?

Due to the co-existence of Article 239 and 239AA, there is a jurisdictional conflict between the government of NCT and Delhi LG.

According to Centre, New Delhi being a Union Territory, Article 239 empowers the LG to act independently of its Council of Ministers.

According to the state government, however, Article 239AA bestows special status to Delhi of having its own legislatively elected government.

This creates a tussle around the administrative powers of the LG and state government.