• Section 3(3)(b)(i) of the DMC Act states that the LG shall nominate 10 persons with expertise in municipal administration.

• Article 239AA(4) of the Constitution mandates that the Delhi Government, through its Council of Ministers, aids and advises the LG on matters within the legislative competence of the Delhi Assembly, except where the law requires the LG to act in his discretion.

• In 2018, the State (NCT of Delhi) v. Union of India case ruled that the LG is bound by the aid and advice of the Delhi Government, except when discretion is mandated by law.

• In the December 2022 Delhi Municipal Corporation elections, the Aam Aadmi Party (AAP) won a majority, but the LG nominated members to the MCD in January 2023, which led to a legal challenge by the Delhi Government.

Issue:

• The Delhi Government filed a writ petition challenging the legality of the LG’s nominations and sought that the LG nominate members only selected by the Delhi Government.

Decision:

• The Supreme Court held that the Lieutenant Governor (LG) is not bound by the aid and advice of the Council of Ministers of the Delhi Government when nominating members to the Municipal Corporation under Section 3(3)(b)(i) of the DMC Act.

Reasons for the Decision:

1. Consequences of Parliament Enacting the DMC Act:

• o The DMC Act is a Parliamentary law related to municipal governance (Entry 5 of List II of the Constitution), which restricts the Delhi Government’s powers concerning the Municipal Corporation.
• o The powers of the Delhi Government over the MCD are limited to what is provided by the DMC Act.

2. LG's Position under Article 239AA(4):

• o The Supreme Court noted that under Article 239AA(4), the LG of Delhi has a different status from that of a Governor in a State under Article 163.
• o While a Governor must act according to the advice of the State Government's Council of Ministers, the LG can act at discretion when required by a law, as per Article 239AA(4).

3. Distinction Between the Delhi Government and LG’s Powers:

• o The Court distinguished the powers of the LG and the Delhi Government under the DMC Act. The LG is given powers to nominate experts and establish the finance commission, while the Delhi Government has powers related to bye-laws and recruitment.
• o The DMC Act requires the LG to exercise powers of nomination as a statutory duty, not as an executive function. Therefore, the law grants the LG discretionary power in this context.

4. Discretionary Power of the LG:

• o The Court held that the DMC Act satisfies the exception provided under Article 239AA(4), where the LG is not bound by the Delhi Government’s advice when the law requires the LG to act in his discretion.

Legal Provisions Cited:

• Article 239AA(4) of the Constitution of India: Provides that the Delhi Government’s aid and advice are binding on the LG, except where the law requires the LG to act in discretion.

• Delhi Municipal Corporation Act, 1957 (Section 3(3)(b)(i)): Specifies the LG’s role in nominating members to the MCD.

• Article 163 of the Constitution of India: Relates to the Governor’s powers to act on the advice of the Council of Ministers, distinguishing the powers of the Governor from the LG under Delhi's constitutional framework.