Alderman: Nomination, Powers and Responsibilities

Reference

As per the recent Supreme Court decision, the Lieutenant Governor (LG) of Delhi appointed by the Central Government has the power to nominate 'aldermen' to the Municipal Corporation of Delhi (MCD) without the aid and advice of the Council of Ministers of the Delhi Government.

About the Aldermen

• The word Alderman is derived from the combination of two words ‘Old/Ald/Eald’ and ‘Man’ which means an aged or experienced person.
• The word Alderman originates from the Old English word Aldormonn/Ealdormann. In ancient times, the elders of a clan or tribe were referred to by this term.

Nomination of Alderman

• As per the Delhi Municipal Corporation Act, 1957 (DMC Act), 10 people above the age of 25 years can be nominated by the LG to the MCD.
• These people are expected to have special knowledge or experience in municipal administration.

Recent controversy

• In January 2023, the LG of Delhi nominated 10 aldermen using his powers under Section-3 of the Delhi Municipal Corporation Act, 1957.
• In protest, the Delhi government challenged the LG's decision in the Supreme Court on the grounds of violation of Article 239(A)(A).
  • According to Article 239(A)(A), the Council of Ministers and the Chief Minister in the state of Delhi "shall aid and advise the LG in the exercise of his functions with respect to matters in respect of which the Legislative Assembly has power to make laws, except as they are required to act by any law or in their discretion".
  • The Legislative Assembly has the power to make laws on all subjects in the State List except 'public order', 'police' and 'land'.

Recent Supreme Court Decision

• The Supreme Court held that the Delhi Municipal Corporation Act, 1957 (DMC Act) gives the Delhi LG an “unambiguous” power to nominate aldermen without consulting the Council of Ministers and that the nomination of 10 aldermen in January 2023 was a valid exercise of the power.
• According to the bench, the LG derives this power from Section 3(3)(b)(1) of the DMC Act, 1957.
  • The Act, a parliamentary legislation, was amended in 1993 to provide the power to nominate 10 expert persons.
• According to the court, the executive power of the Delhi government will be in accordance with the parliamentary legislation dealing with subjects in the State and Concurrent List of the Seventh Schedule of the Constitution.
• The LG has to act in accordance with the law and not be guided by the aid and advice of the Council of Ministers.
• The Supreme Court cited the decision of a five-judge bench in Government of Delhi vs Union of India (2023) for its decision.
  • In 2023, the Supreme Court held that Parliament will have the power to legislate on subjects in the State List if the matter pertains to the National Capital Territory (NCT) of Delhi.
  • This will also include the power to pass laws on 'local government', which falls under the State List and the DMC Act will fall under this power.

Powers and responsibilities of Alderman

• Under the DMC Act, Delhi is divided into 12 zones.
• The Act also provides for a 'Ward Committee' for each zone consisting of elected representatives and aldermen of that zone.
• Although aldermen do not have the right to vote in MCD meetings,they play an important role in the functioning of the House through the Ward Committee.
• Each of the 12 ward committees has to elect a member to be part of the MCD Standing Committee in its first meeting.
• Aldermen can vote in these elections and can also be candidates to be elected as a member of the Standing Committee.
• Although the Mayor is the head of the MCD, the Standing Committee effectively manages the affairs of the corporation, and cannot be formed without the participation of aldermen in the voting process.
• Without this committee, the MCD cannot perform the following important functions:
  • Enter contracts involving expenditure of more than Rs 5 crore
  • Appoint MCD officials to key positions
  • Recommend budget revisions
  • Approve the exercise of any power relating to expenditure beyond the current year