LIEUTENANT GOVERNOR (L-G) (Syllabus GS Paper 2 – Polity)

Context: In its verdict, the Supreme Court ruled that the Centre-appointed Delhi Lieutenant Governor (L-G) has the authority to nominate 'aldermen' to the Municipal Corporation of Delhi (MCD) independently, without requiring the aid and advice of the Delhi Government's Council of Ministers.

Lieutenant Governor (L-G)

• About: According to Article 239, each Union Territory in India is to be governed by the President, who appoints an administrator for this purpose. A LG is specifically appointed for the Union Territories of Andaman and Nicobar Islands, Puducherry, and Delhi.
• Availability: The rank of LG is only available in three U.Ts of India: the Andaman and Nicobar Islands, Delhi, and Puducherry.
• Role: L-G is a representative of the President and acts on the aid and recommendation of the Council of Ministers.
• Authority on Specific Matters: In respect of matters related to Police, Public Order, and Land, L-G exercises his authority to the extent delegated to him by the President.
• Discretionary Powers of L-G: If no single party secures a majority in the Legislative Assembly elections, L-G can act independently to ask the leader of the single largest party or a coalition to form the government.
• Eligibility Criteria: 

oThe candidate should be an Indian citizen.

oThe candidate should be at least 35 years old.

oThe candidate should not be a part of Parliament or a State Legislature.

oThe candidate should not hold any other profitable office.

• Legislative Power: The Delhi Assembly has the power to legislate on all subjects except law & order and land.
• Article 239AA: It contains special provisions for the NCT of Delhi. Crucially, it provides for the creation of the Delhi Legislative Assembly, the Council of Ministers which comprises members of this assembly, and the offices of the Chief Minister and the Delhi L-G.

Supreme Court Rule

• The apex court held that Parliament has the authority to legislate on subjects in the State List concerning the NCT of Delhi, including the subject of ‘local government’.
• Application to the DMC Act: The subject of ‘local government’ includes the Delhi Municipal Corporation (DMC) Act, under which the court's decision was evaluated.
• Validation of Aldermen Nomination: The court upheld the validity of the L-G's nomination of 10 aldermen in January 2023 as a proper exercise of power.