ALDERMEN : POLITY
NEWS: Recently, the
Supreme Court of India upheld the Delhi Lieutenant Governor (L-G)’s power to
nominate aldermen.
WHAT’S IN THE NEWS?
In
January, the Delhi L-G nominated 10 aldermen, who play a crucial role in the functioning
of the MCD house through the Ward Committees. With the legality of the
nomination challenged, key functions of the MCD came to a halt.
Background:
- January 2024: The
Delhi Lieutenant Governor (L-G) nominated ten aldermen, impacting the Municipal Corporation of Delhi (MCD)'s
functioning.
- Challenge: The legality of the
nominations was challenged, leading to a significant impasse.
Supreme
Court Verdict:
- Ruling: After fifteen months of
deliberation, the Supreme Court ruled that the Centre-appointed Delhi L-G
has the explicit power to nominate aldermen without requiring the aid and
advice of the Delhi Government's Council of Ministers.
- Significance:
This ruling clarifies the L-G’s authority and ensures that the nomination
process for aldermen is legally valid, resolving the impasse that had
disrupted key functions of the MCD.
Aldermen
- Definition: Aldermen are individuals
nominated by the L-G under Section 3 of the Delhi Municipal Corporation
Act, 1957.
- Eligibility: Must be above 25 years of
age and possess special knowledge or experience in municipal
administration.
- Role:
- Serve on the Wards Committees within their
respective zones.
- Play a crucial role in the functioning of the
MCD.
- Do not have voting rights in MCD meetings.
Wards
Committees and MCD Standing Committee
- Wards Committees:
- Structure: Delhi is divided into 12
zones, each with its Wards Committee.
- Composition:
Includes aldermen and elected representatives.
- Function: Play a critical role in
MCD governance.
- MCD Standing Committee:
- Election Process:
Each Wards Committee elects a member to join the MCD Standing Committee
during its first meeting.
- Aldermen’s Role:
Aldermen participate in these elections and can stand as candidates for
membership in the Standing Committee.
Importance
of the Standing Committee
- Function: While the Mayor is the
nominal head of the MCD, the Standing Committee effectively manages the
corporation’s functions.
- Constitution: The
Standing Committee cannot be constituted without the participation of
aldermen in the voting process.
- Composition: The remaining six members
of the Standing Committee are directly chosen by the MCD house after
mayoral elections.
Lieutenant
Governor (L-G)
- Role:
- Constitutional Head:
Serves as the constitutional head of five of India’s eight Union
Territories.
- Appointment:
Appointed by the President of India for a five-year term and serves at
the President’s pleasure.
- Responsibilities:
1.
Ceremonial Role: Represents the President of
India, similar to the role of a Governor in a state.
2.
Executive Powers:
- Exercises executive powers on the aid and
advice of the Council of Ministers, headed by the Chief Minister.
- Holds discretionary powers in certain
matters, such as law and order, land, and police, which can lead to
conflicts with the elected government.
3.
Legislative Powers:
- Can summon, prorogue, and dissolve the
Legislative Assembly.
- Can reserve certain bills for the
President’s consideration.
Administrative
Role: Responsible
for the administration of the Union Territory and can appoint administrators
for various departments.
Source : https://indianexpress.com/article/explained/explained-law/supreme-court-mcd-delhi-lg-aldermen-9495832/