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/