On Monday, the Supreme Court of India indicated that it may deliver its verdict within the week regarding a plea from the Delhi government. This plea challenges the lieutenant governor’s authority to nominate aldermen to the Municipal Corporation of Delhi (MCD).
Background
- Previous Court Action: On May 17 of the previous year, the Supreme Court had reserved judgment on this matter. The Delhi government had contested the decision of Lieutenant Governor V.K. Saxena to nominate members to the MCD without consulting the council of ministers.
- Current Proceedings: During the hearing, Chief Justice D.Y. Chandrachud, alongside Justices J.B. Pardiwala and Manoj Misra, addressed the ongoing petition from MCD Mayor Shelly Oberoi. This petition seeks to grant the civic body permission to perform the functions of the standing committee.
MCD Mayor’s Petition
- Function of the Standing Committee: The MCD mayor highlighted the importance of the standing committee, which handles significant functions and decisions, including expenditures exceeding ₹5 crore and the mid-day meal scheme for school children.
- Committee Composition: The standing committee currently comprises 18 members:
- Six are directly elected by the civic body.
- Twelve are elected by an electoral college, which includes ten members nominated by the LG.
- Current Status: The standing committee is not operational at the moment. The fresh plea emphasizes the need for this committee to function properly.
Earlier Developments
- Delhi Government’s Challenge: The Delhi government had previously filed another petition contesting the LG’s power to nominate aldermen without the council of ministers’ advice.
- Concerns Raised: The bench expressed concerns that granting the LG such powers could destabilize an elected civic body.
- MCD Composition: The MCD has 250 elected and 10 nominated members. In December 2022, the Aam Aadmi Party (AAP) won a decisive victory, ending the BJP’s 15-year control of the MCD. The BJP secured 104 seats, while Congress finished with nine.
- Legal Precedent: Senior advocate Abhishek Singhvi, representing the Delhi government, argued that historically, the LG’s nominations were made based on the aid and advice of the city government, not unilaterally. A five-judge constitutional bench in 2023 affirmed the Delhi government’s legislative and executive powers over all but three services, significantly reducing the central government’s administrative control in Delhi.
Multiple Choice Questions (MCQs):
- What is the Supreme Court expected to deliver this week?
- A) A new legislation
- B) A judgment on the Delhi government’s plea
- C) An order to dissolve the MCD
- D) A directive to the Delhi government
- What issue is the Delhi government challenging in its plea?
- A) The appointment of new MCD members
- B) The LG’s power to nominate aldermen to the MCD
- C) The functioning of the MCD mayor
- D) The election process for the MCD
- How many members are in the MCD standing committee?
- A) 12
- B) 18
- C) 250
- D) 134
- What significant political change occurred in the MCD elections of December 2022?
- A) BJP won a majority
- B) Congress won a majority
- C) Aam Aadmi Party ended BJP’s 15-year control
- D) Delhi government was dissolved
- What did the 2023 five-judge constitution bench ruling affirm about the Delhi government’s powers?
- A) Full control over all municipal services
- B) Legislative and executive powers over all but three services
- C) Exclusive control over public order and police
- D) No significant change in power dynamics