VidhiSangh

Supreme Court of India · 05/08/2024

GOVERNMENT OF NCT OF DELHI versus OFFICE OF LIEUTENANT GOVERNOR OF DELHI

[2024] 8 S.C.R. 207 · 2024 INSC 578

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Summary

The Supreme Court held that the Lieutenant Governor of Delhi's power under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 to nominate ten persons with special knowledge of municipal administration to the Corporation is a statutory duty vested in him by a Parliamentary law, falling within the 'by or under any law' exception in Article 239AA(4). It is not executive power of the Government of NCTD to be exercised on the aid and advice of the Council of Ministers, and the Lt. Governor's nominations of January 2023 were upheld.

Issues

  1. Whether the Lt. Governor must nominate persons to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the DMC Act on the aid and advice of the Council of Ministers under Article 239AA(4), or may do so as a statutory duty of his own.
  2. Whether the reference to the 'Administrator' in Section 3(3)(b)(i) is a relic of pre-1991 law that continued by default.
  3. Whether the Lt. Governor's position is equivalent to that of a State Governor under Article 163.

Provisions considered

Held

Result

Writ petition under Article 32 filed by the Government of NCT of Delhi dismissed; the Lt. Governor's nominations to the Municipal Corporation of Delhi upheld; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 207.