A) ABSTRACT / HEADNOTE

The case primarily revolves around the interpretation of Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, regarding the power of nomination by the Lieutenant Governor (Lt. Governor) of Delhi. The Supreme Court examines whether the Lt. Governor can exercise this power as a statutory duty or must act on the aid and advice of the Council of Ministers as mandated by Article 239AA(4) of the Constitution. The Court distinguishes the roles of the Lt. Governor and the Council of Ministers within Delhi’s unique constitutional framework. Ultimately, the Court upholds the autonomy of the Lt. Governor in exercising the statutory power under Section 3(3)(b)(i) as a parliamentary enactment.

Keywords:

1. Delhi Municipal Corporation
2. Lieutenant Governor
3. Nomination Power
4. Article 239AA
5. Government of National Capital Territory Act, 1991

B) CASE DETAILS

i. Judgment Cause Title: Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi
ii. Case Number: Writ Petition (Civil) No. 348 of 2023
iii. Judgment Date: 05 August 2024
iv. Court: Supreme Court of India
v. Quorum: Dr. Dhananjaya Y Chandrachud (CJI), Pamidighantam Sri Narasimha, J.B. Pardiwala, JJ.
vi. Author: Pamidighantam Sri Narasimha, J.
vii. Citation: [2024] 8 S.C.R. 207 : 2024 INSC 578
viii. Legal Provisions Involved:

• Delhi Municipal Corporation Act, 1957: Section 3(3)(b)(i)
• Constitution of India: Article 239AA
• Government of National Capital Territory Act, 1991: Sections 41–45
  ix. Judgments Overruled by the Case (if any): None explicitly overruled.
  x. Case is Related to which Law Subjects: Constitutional Law, Administrative Law

C) INTRODUCTION AND BACKGROUND OF JUDGMENT

The present case arose after the Lt. Governor of Delhi nominated ten persons with special expertise in municipal administration under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957. The Government of NCT of Delhi challenged this decision, claiming the nominations were invalid as they were made without the aid and advice of the Council of Ministers, allegedly contravening Article 239AA(4). The dispute draws heavily from Delhi’s unique constitutional framework established under the Sixty-Ninth Constitutional Amendment and subsequent legislation. The case also revisits debates on the distribution of powers between the Union and the NCT of Delhi.

D) FACTS OF THE CASE

1. The Delhi Municipal Corporation Act, 1957, was amended in 1993 to incorporate constitutional developments stemming from the Sixty-Ninth Amendment and Part IX-A of the Constitution.
2. The Lt. Governor nominated ten members under Section 3(3)(b)(i) in January 2023 without consulting the Council of Ministers, citing statutory authority.
3. The Government of NCT of Delhi filed a writ petition under Article 32, challenging the nominations as unconstitutional.
4. The petitioner argued that the Lt. Governor’s actions violated Article 239AA(4), which mandates that the Lt. Governor act on the aid and advice of the Council of Ministers, except where discretion is explicitly provided.
5. The respondents argued that Section 3(3)(b)(i) of the Act grants the Lt. Governor autonomous authority as it is a statutory duty.

E) LEGAL ISSUES RAISED

1. Whether the Lt. Governor’s power to nominate members under Section 3(3)(b)(i) is bound by the aid and advice of the Council of Ministers.
2. Whether the statutory authority under Section 3(3)(b)(i) constitutes an exception under Article 239AA(4) of the Constitution.
3. How to reconcile the DMC Act with the unique constitutional position of the NCT of Delhi under Articles 239AA and 239AB.

F) PETITIONER/ APPELLANT’S ARGUMENTS

1. The Council of Ministers should guide the Lt. Governor in exercising his functions, including nominations under Section 3(3)(b)(i), as per Article 239AA(4).
2. The phrase “Administrator” in Section 3(3)(b)(i) is outdated, a remnant of pre-1991 legislation, and cannot vest discretionary powers in the Lt. Governor post the establishment of the Legislative Assembly for NCT of Delhi.
3. The 2018 and 2023 Constitution Bench decisions clarified that the Lt. Governor cannot act independently in matters where the Legislative Assembly has legislative competence.

G) RESPONDENT’S ARGUMENTS

1. Section 3(3)(b)(i) of the DMC Act vests the Lt. Governor with statutory authority, not subject to the aid and advice of the Council of Ministers.
2. Article 239AA(4) explicitly allows the Lt. Governor to act in his discretion where required “by or under any law,” including Section 3(3)(b)(i).
3. The unique status of Delhi necessitates distinct powers for the Lt. Governor to maintain the balance between the Union and NCT governments.

H) RELATED LEGAL PROVISIONS

1. Delhi Municipal Corporation Act, 1957: Section 3(3)(b)(i)
2. Constitution of India: Article 239AA
3. Government of National Capital Territory Act, 1991: Sections 41–45

I) JUDGMENT

a. Ratio Decidendi

The Court held that Section 3(3)(b)(i) of the DMC Act vests the Lt. Governor with a statutory power to nominate members. This power is an exception under Article 239AA(4), which allows discretion where “by or under any law” discretion is mandated.

b. Obiter Dicta

The Court highlighted the distinction between the discretionary powers of a Governor under Article 163 and the Lt. Governor under Article 239AA(4), emphasizing the sui generis status of Delhi.

c. Guidelines

1. The Lt. Governor’s discretionary powers must be exercised strictly within the framework of statutory provisions.
2. Any ambiguities in pre-1991 statutes must be harmonized with the current constitutional framework.

J) REFERENCES

a. Important Cases Referred

1. Samsher Singh v. State of Punjab, [1975] 1 SCR 814
2. Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly, [2016] 6 SCR 1
3. State (NCT of Delhi) v. Union of India, (2018) 8 SCC 501
4. Government of NCT of Delhi v. Union of India, [2023] 9 SCR 493

b. Important Statutes Referred

1. Delhi Municipal Corporation Act, 1957
2. Government of National Capital Territory Act, 1991
3. Constitution of India, Articles 239AA and 239AB