Holding

Section 3(3)(b)(i) of the Delhi Municipal Corporation Act vests a statutory duty on the Lieutenant Governor to nominate ten persons with special knowledge, and this power is to be exercised independently of the Council of Ministers' aid and advice.

Summary

The Government of the National Capital Territory of Delhi challenged the Lieutenant Governor’s notifications nominating ten experts to the Delhi Municipal Corporation, arguing that the power must be exercised on the aid and advice of the Council of Ministers under Article 239AA(4). The Court examined the constitutional scheme of NCT Delhi, the distinction between the discretionary powers of a Governor under Article 163 and those of the Lieutenant Governor under Article 239AA(4), and the statutory framework of the Delhi Municipal Corporation Act as amended in 1993. It held that Section 3(3)(b)(i) of the Act vests a statutory duty on the Lieutenant Governor to nominate persons with special knowledge, independent of ministerial advice. The amendment of 1993 introduced this power to align with the constitutional changes brought by the 69th Amendment and the GNCTD Act. Consequently, the notifications issued by the Lieutenant Governor were not violative of Article 239AA or the GNCTD Act. The writ petition was dismissed.

Issues considered

Whether the Lieutenant Governor can exercise the power of nomination under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act as a statutory duty or must act on the aid and advice of the Council of Ministers under Article 239AA(4).
Whether the 1993 amendment to the Delhi Municipal Corporation Act introduced a new statutory power for the Lieutenant Governor, or merely continued a pre‑existing power ('semantic lottery').
Whether the Lieutenant Governor’s nominations violate Article 239AA read with Section 41 of the Government of National Capital Territory Act, 1991.

Legislation cited

Constitution of Indias. Article 163, s. Article 239AA(3), s. Article 239AA(4), s. Article 239AB
Constitution (Sixty-ninth Amendment) Act, 1991
Delhi Municipal Corporation Act, 1957s. 3(3)(b)(i)
Delhi Municipal Corporation (Amendment) Act No. 67 of 1993
Government of National Capital Territory Act, 1991s. 41, s. 42, s. 43, s. 44, s. 45

Subjects

Delhi Municipal CorporationNational Capital Territory of Delhi (NCTD)Government of National Capital Territory of Delhi (GNCTD)AldermenNomination of AldermenPower of nominationNomination of persons with special knowledge in municipal administration to the Delhi Municipal CorporationLt. GovernorStatutory dutyNot bound by the aid and advice of the Council of Ministers of NCTDNot executive power of the Government of NCTDDiscretionary power of the Governor, Lt. GovernorAdministratorSui Generis status of NCTDArticle 239AAArticle 239ABSection 3(3)(b)(i) of the DMC Act

Judgment

[2024] 8 S.C.R. 207 : 2024 INSC 578

Government of NCT of Delhi
v.
Office of Lieutenant Governor of Delhi
(Writ Petition (Civil) No. 348 of 2023)
05 August 2024
[Dr Dhananjaya Y Chandrachud, CJI,
Pamidighantam Sri Narasimha* and J.B. Pardiwala, JJ.]

Issue for Consideration
Whether the Lt. Governor can exercise power of nomination under
Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 as a
statutory duty attached to his office or he is bound by the aid and
advice of the Council of Ministers of NCTD as provided in Article
239AA(4) of the Constitution of India.

Headnotes†
Delhi Municipal Corporation Act, 1957 – s.3(3)(b)(i) –
Interpretation – Delhi Municipal Corporation (Amendment)
Act No. 67 of 1993 – Constitution (Sixty-Ninth Amendment)
Act, 1991 – Article 239AA(4), 239AB – Government of National
Capital Territory Act, 1991 – ss.41-45 – Nomination of 10
persons with special knowledge in municipal administration to
the Delhi Municipal Corporation, by the Lt. Governor u/s.3(3)
(b)(i) – Whether to be on the aid and advice of the Council of
Ministers or the Lt. Governor is to act as per his discretion:
Held: s.3(3)(b)(i) of the Delhi Municipal Corporation Act is a
Parliamentary enactment vesting the power of nomination of
persons with special knowledge in municipal administration
with the Lt. Governor – The said power is to be exercised as a
statutory duty of the Lt. Governor and not as the executive power
of the Government of NCTD – The context in which the power
is located confirms that the Lt. Governor is intended to act as
per the mandate of the statute and not to be guided by the aid
and advice of the Council of Ministers – Notifications issued by
the Lt. Governor u/s.3(3)(b)(i) nominating ten members to the
Corporation are not in violation of Article 239AA r/w s.41 of the
GNCTD Act. [Paras 39, 38, 40]

* Author
208 [2024] 8 S.C.R.

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Constitution of India – Articles 163, 239AA(4) – Discretionary
power under – Distinction – Plea that the position of the Lt.
Governor is akin to that of a Governor in a State u/Article 163:
Held: Rejected – There is a clear distinction between the
discretionary power of the Governor u/Article 163 and that
of the Lt. Governor u/Article 239AA(4) – While Article 163
requires Governor of a State to act on the aid and advice of the
Council of Ministers, ‘except in so far as he is by or under this
Constitution required to exercise his functions or any of them in
his discretion’, the exception in so far as the Lt. Governor, under
Article 239AA(4) is concerned, he will act in his discretion, ‘in
so far as he is required by or under any law’ – Article 239AA
takes into account the unique position of NCTD and therefore
adopts the mandate of ‘law’ as a distinct feature for exercise of
discretion. [Para 21]
Constitution of India – Article 239AA(3)(a),(b),(c), 239AA(4) –
Legislative, Executive, Statutory relations between the Union
and National Capital Territory of Delhi (NCTD) – Reiterated.
Delhi Municipal Corporation Act, 1957 – Power, functions and
duties of the Lt. Governor vis-à-vis Government of NCTD –
Competing power structure – Discussed.
Delhi Municipal Corporation Act, 1957 – s.3(3)(b)(i) – ‘ten
persons to be nominated by the Administrator’ – Delhi
Municipal Corporation (Amendment) Act No. 67 of 1993 –
Government of National Capital Territory Act, 1991 – Plea that
the word ‘administrator’ was used in many pre-1991 legislations
which relate to subjects now falling within the purview of the
Legislative Assembly of NCTD and thus, vesting of power in
the name of Administrator/Lt. Governor in s.3(3)(b)(i) continued
by default or ‘semantic lottery’:
Held: Rejected – Submission is oblivious of the 1993 amendment
to the Act – The (Amendment) Act gave effect to a scheme by
which powers, duties, and responsibilities were allocated to the
authorities, depending on the functions they performed under the
Act, including comprehensive amendments to s.3(3)(b)(i) of the
Act – The power to nominate was brought into the Statute for
the first time with the introduction of the 1993 amendment to the
DMC Act – The word ‘Administrator’ is not a relic of the past- a
pre-1991 legislation when there was no Legislative Assembly for
[2024] 8 S.C.R. 209

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

Delhi, as s.3(3)(b)(i) was introduced only in 1993 to give effect to
the two constitutional amendments – Under the statutory regime,
the entrustment of the powers is intended to be exercised by Lt.
Governor as a statutory duty. [Paras 29, 37]

Case Law Cited
Samsher Singh v. State of Punjab [1975] 1 SCR 814 : (1974) 2
SCC 831; Nabam Rebia and Bamang Felix v. Deputy Speaker,
Arunachal Pradesh Legislative Assembly [2016] 6 SCR 1 : (2016)
8 SCC 1; State (NCT of Delhi) v. Union of India (2018) 8 SCC
501; Government of NCT of Delhi v. Union of India [2023] 9 SCR
493 : (2023) 9 SCC 1 – referred to.

List of Acts
Delhi Municipal Corporation Act, 1957; Delhi Municipal Corporation
(Amendment) Act No. 67 of 1993; Constitution of India; Constitution
(Sixty-Ninth Amendment) Act, 1991; Government of National Capital
Territory Act, 1991.

List of Keywords
Delhi Municipal Corporation; National Capital Territory of Delhi
(NCTD); Government of National Capital Territory of Delhi
(GNCTD); Aldermen; Nomination of Aldermen; Power of nomination;
Nomination of persons with special knowledge in municipal
administration to the Delhi Municipal Corporation; Lt. Governor;
Statutory duty; Not bound by the aid and advice of the Council
of Ministers of NCTD; Not executive power of the Government
of NCTD; Discretionary power of the Governor, Lt. Governor;
Administrator; Sui Generis status of NCTD; Article 239AA; Article
239AB; Section 3(3)(b)(i) of the DMC Act.

Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 348 of 2023
(Under Article 32 of The Constitution of India)
Appearances for Parties
Dr. Abhishek Manu Singhvi, Sr. Adv., Shadan Farasat, Amit Bhandari,
Aman Sharma, Shourya Dasgupta, Aman Naqvi, Ms. Hrishika Jain,
Ms. Natasha Maheshwari, Ms. Mreganka Kukreja, Advs. for the
Petitioner.
210 [2024] 8 S.C.R.

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Sanjay Jain, A.S.G., Shreekant Neelappa Terdal, Arkaj Kumar, Ms.
Bani Dkshit, Bhuvan Kapoor, Padmesh Mishra, Dr. N. Visakamurthy,
Ms. Tanya Aggarwal, Advs. for the Respondent.
Judgment / Order of the Supreme Court

Judgment
Pamidighantam Sri Narasimha, J.
1. Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 19571
provides that the Lieutenant Governor2 of National Capital Territory of
Delhi3 shall nominate 10 persons with special knowledge in municipal
administration to the DMC. The question for our consideration is
whether the Lt. Governor can exercise that power of nomination as
a statutory duty attached to his office or he is bound by the aid and
advice of the Council of Ministers of NCTD as provided in Article
239AA(4) of the Constitution.
2. Facts: Before we take up a detailed analysis of the law and
precedents on the subject, a short reference to the facts leading to
the filing of the present writ petition is necessary to understand the
contextual relevance of the issue under consideration. Delhi Municipal
Corporation is composed of: (a) councillors chosen by direct elections
from the wards4 and (b) persons represented through nominations.5
3. In the recent elections to the DMC held on 4th December, 2022,
Aam Aadmi Party obtained simple majority by winning 134 out of
250 wards and Bharatiya Janata Party came second winning 104
wards. By the end of the month, i.e., 02.01.2023, Municipal Secretary,
DMC sent a note, countersigned by the Commissioner, DMC that Lt.
Governor will nominate ten persons to the Corporation as provided
under Section 3(3)(b)(i) of the DMC Act. In fact, on the very next
day, by his order dated 03.01.2023, the Lt. Governor nominated ten
members and it was notified in the Delhi Gazette. There was a minor

1 Hereinafter referred to as the ‘DMC Act’ and ‘DMC’ for Delhi Municipal Corporation.
2 After the establishment of Legislative Assembly for the Union Territory of Delhi, the Administrator is
redesignated as Lieutenant Governor.
3 Hereinafter referred to as NCTD.
4 Under Section 3(3)(a)
5 Under Section 3(3)(b)
[2024] 8 S.C.R. 211

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

correction and the same was carried out and the corrigendum was
also published in the Gazette on the next day, i.e., on 04.01.2023.
4. Challenging the legality and propriety of nominations by the Lt.
Governor, the instant writ petition was filed by the Government of
NCTD under Article 32 for a Writ of Certiorari to quash the notifications
dated 03.01.2023 and 04.01.2023 and also for a direction to the
Lt. Governor to nominate persons under Section 3(3)(b)(i) only in
accordance with the aid and advice of the Council of Ministers.
5. Submissions: Dr. Abhishek Manu Singhvi, learned Senior Advocate
assisted by Shri Shadan Farasat, AOR, appearing on behalf of the
Government of NCTD submitted that the ‘Lt. Governor can act in his
discretion only when it is expressly provided by a law or where no
other interpretation of a legal provision is possible’. After taking us
through the mandate of Article 239AA, in particular, sub-Article (4),
read in conjunction with Section 41 of the Government of National
Capital Territory Act of 1991,6 he submitted that these provisions
mirror Article 163 of the Constitution, requiring the Governor to act
only on the aid and advice of the popularly elected Government. For
this purpose, the principles laid down in Samsher Singh v. State of
Punjab7 and Nabam Rebia and Bamang Felix v. Deputy Speaker,
Arunachal Pradesh Legislative Assembly8 were relied on to put forth
the point that the satisfaction of the Lt. Governor in the cabinet
system of Government is the satisfaction of his Council of Ministers.
5.1 Referring to Section 3(3)(b)(i) of the DMC Act, it is also argued
that the provision cannot be construed as expressly vesting
any discretion in the Lt. Governor to nominate persons to
the Corporation. He further submitted that the issue, if any, is
conclusively decided by the Constitution Bench decisions of
this Court in State (NCT of Delhi) v. Union of India,9 and the
recent pronouncement in the case of Government of NCT of
Delhi v. Union of India.10

6 Hereinafter referred to as GNCTD Act.
7 [1975] 1 SCR 814 : (1974) 2 SCC 831
8 [2016] 6 SCR 1 : (2016) 8 SCC 1
9 (2018) 8 SCC 501
10 [2023] 9 SCR 493 : (2023) 9 SCC 1
212 [2024] 8 S.C.R.

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6. Shri Sanjay Jain, Learned Additional Solicitor General, representing
the Lt. Governor has not joined issue on the interpretation of Article
239AA, or on the ratio in Samsher Singh (supra) and the two
Constitution Bench Judgments of this Court on Article 239AA. It is
his submission that the relevant provision of the DMC Act must be
read in consonance with Part IXA of the Constitution relating to grant
of Constitutional Status to ‘Municipalities’.
6.1 Mr. Jain has taken us through certain provisions of the GNCTD
Act, as well as the DMC Act to demonstrate the distribution of
powers and duties among various authorities. Interpreted in this
context, he submitted it will be evident that the Lt. Governor
is specifically empowered under Section 3(3)(b)(i) to nominate
persons of his own accord and that obligation does not fall within
the duty to act on the aid and advice of the Council of Ministers.
7. In rejoinder, Dr. Singhvi submitted that there is a long-standing
practice of over 30 years of the Administrator/Lt. Governor nominating
councillors only on the aid and advice of the Council of Ministers
and that there is no justification for deviating from the established
past practice.
Legislative history of election and nomination of Aldermen11:
8. Municipal administration in Delhi is governed by and under the
DMC Act enacted by the Parliament in 1957. Interestingly, there
was no provision for appointment or nomination of Aldermen in the
Delhi Municipal Corporation Bill12 as it was originally introduced
in the Parliament by Shri Govind Ballabh Pant on 2nd September,

11 DMC Act initially used the expression ‘Aldermen’ to represent persons other than councillors who were
represented in the Corporation. However, after the 1993 Amendment to the DMC Act, the term ‘Aldermen’
was dropped and substituted by the descriptive language-‘persons who have special knowledge and
experience in municipal administration’.
12 “3. Establishment of the Corporation
(1) With effect from such date as the Central Government may, by notification in the Official Gazette,
appoint, there shall be a Corporation charged with the municipal government of Delhi, to be known as
the Municipal Corporation of Delhi.
(2) The Corporation shall be a body corporate with the name aforesaid having perpetual succession and
a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property
and may by the said name sue and be sued.
(3) The Corporation shall consist of eighty councillors chosen by direct election on the basis of adult
suffrage from various wards into which Delhi shall be divided in accordance with the provisions of section
5:
Provided that twelve out of the eighty seats of councillors shall be reserved for the members of the
Scheduled Castes.”
Gazette of India Extraordinary, Jan-Dec 1957, Part 2 Section 2 pg. 552.
[2024] 8 S.C.R. 213

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

1957. However, when the Act was notified on 28th December, 1957,
Section 313 relating to Constitution of the Corporation comprised of
councillors as well as Aldermen was introduced. The procedure for
election of Aldermen was provided in Section 1314 of the Act, as per
which they were to be elected by the councillors from persons who
are qualified to be councillors, but were neither councillors nor had
contested in the election to the post of councillors.
Constitution (Sixty-Ninth) Amendment and establishment of
Legislative Assembly for NCTD and introduction of Articles
239AA and 239AB:
9. A little after three decades of passing of the DMC Act, the Union
Government felt the need to reorganize the administrative and
municipal authorities in the Union Territory of Delhi and constituted
a committee (popularly referred to as the Balakrishnan Committee)
to study and make recommendations on the same. The Committee
recommended the decentralization of Delhi administration and
the constitution of a legislative assembly for NCTD by way of a
Constitutional Amendment. In so far as municipal administration is
concerned, the Committee inter-alia touched upon the then position
relating to election of Aldermen and made certain recommendations.15

13 “3. Establishment of the Corporation
(1) With effect from such date as the Central Government may, by notification in the Official Gazette,
appoint, there shall be a Corporation charged with the municipal government of Delhi, to be known as
the Municipal Corporation of Delhi.
(2) The Corporation shall be a body corporate with the name aforesaid having perpetual succession and
a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property
and may by the said name sue and be sued.
(3) The Corporation shall be composed of councillors and aldermen.
(4) ………
(5) ………
(6) ………
(7) The total number of aldermen shall always be six.”
Gazette of India Extraordinary, Jan-Dec 1957, Part 2 Section 1 pg. 696.
14 “13. (1) The six aldermen referred to in sub-section (7) of section-3 shall be elected at a meeting of the
councillors immediately after the publication of the results of the general election of councillors under
section 14. or
(2) No person shall be entitled to stand as a candidate at any election of an alderman if at any election
of a councillor immediately preceding the election of any alderman he stood as a candidate and failed
to be elected as a councillor.
(3) In the case of an equality of votes at any election of an alderman the person presiding at the meeting
whether or not entitled to vote in the first instance shall have and exercise a casting vote.
(4) As many persons as there are vacancies to be filled being persons who have the largest number of
votes shall be declared by the person presiding at the meeting to be elected.
(5) As soon as may be after the occurrence of any casual vacancy in the office of an alderman election
shall be held to fill such casual vacancy.”
15 “11.6.5. The Act makes provision for the election of six Aldermen by the elected members of the
214 [2024] 8 S.C.R.

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10. Following acceptance of Balakrishnan Committee Report on
decentralization, through the Constitution (Sixty-Ninth Amendment)
Act, 1991, Articles 239AA and 239AB were introduced in Part VII of
the Constitution. This led to the constitution of a Legislative Assembly
for the NCTD under Article 239AA with certain special features
including redesignation of the Administrator as Lt. Governor.
11. The provision relevant for the purpose of this case is sub-Article (4)
of Article 239AA, as per which the Council of Ministers are to aid and
advice the Lt. Governor in relation to matters where the Legislative
Assembly has the power to make laws. The same sub-Article also
provides an exception to this rule, that is where the Lt. Governor is,
by or under any law, required to act in his discretion. Article 239AA,
being crucial for our determination, is reproduced hereinbelow for
ready reference:
“Article 239AA. Special provisions with respect to
Delhi-:
(1) As from the date of commencement of the Constitution
(Sixty-ninth Amendment) Act, 1991, the Union territory of
Delhi shall be called the National Capital Territory of Delhi
(hereafter in this Part referred to as the National Capital
Territory) and the administrator thereof appointed under
article 239 shall be designated as the Lieutenant Governor.”
(2) (a) There shall be a Legislative Assembly for the
National Capital Territory and the seats in such Assembly

Corporation. The only qualification for an Alderman prescribed by the Act is that every such person
should be qualified to be elected as a Councillor and should, not already be a Councillor. This means
that the Aldermen are no different from Councillors, except for their mode of election. There is obviously
no apparent purpose in providing for the institution of Aldermen if they are also to belong to the same
category of persons as the Councillors. It only stands to reason that Aldermen should be elderly men
with a measure of maturity, experience and standing in the public so as to enable them to provide a
valuable input to the deliberations of the Corporations by reason of their expertise or experience in public
affairs. The present provisions in the Act do not ensure this. We consider that an Alderman, if he is to
play any useful role, should be a person elected from members of the public, residing within the limits of
the Corporation concerned, with adequate knowledge, reputation and experience of public affairs and
with a background of public service. They can be chosen from persons who have retired after rendering
service as teachers, doctors, engineers or government servants. Delhi is full of such men of experience
and it will be in the public interest that the talents of such experienced men should be utilized usefully in
the civic administration. We recommend that the Act should prescribe these qualifications. The Aldermen
should be elected by the Councillors from among persons so qualified by the method of proportional
representation by means of a single transferable vote. We recommend accordingly. We also recommend
that the actual number of Alderman may be fixed for each corporation at a figure not less than two but
more than four.” Committee on Reorganisation of Delhi Set-up Report, December 1989 Part II.”
[2024] 8 S.C.R. 215

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

shall be filled by members chosen by direct election from
territorial constituencies in the National Capital Territory.
(b)…
(c)…
(3) (a) Subject to the provisions of this Constitution, the
Legislative Assembly shall have power to make laws for
the whole or any part of the National Capital Territory with
respect to any of the matters enumerated in the State List
or in the Concurrent List in so far as any such matter is
applicable to Union territories except matters with respect
to Entries 1, 2 and 18 of the State List and Entries 64,
65 and 66 of that List in so far as they relate to the said
Entries 1, 2 and 18.
(b) Nothing in sub-clause (a) shall derogate from the
powers of Parliament under this Constitution to make
laws with respect to any matter for a Union territory or
any part thereof.
(c) If any provision of a law made by the Legislative
Assembly with respect to any matter is repugnant to any
provision of a law made by Parliament with respect to
that matter, whether passed before or after the law made
by the Legislative Assembly, or of an earlier law, other
than a law made by the Legislative Assembly, then, in
either case, the law made by Parliament, or, as the case
may be, such earlier law, shall prevail and the law made
by the Legislative Assembly shall, to the extent of the
repugnancy, be void:
Provided that if any such law made by the Legislative
Assembly has been reserved for the consideration of the
President and has received his assent, such law shall
prevail in the National Capital Territory:
Provided further that nothing in this sub-clause shall prevent
Parliament from enacting at any time any law with respect
to the same matter including a law adding to, amending,
varying or repealing the law so made by the Legislative
Assembly.
216 [2024] 8 S.C.R.

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(4) There shall be a Council of Ministers consisting of not
more than ten per cent of the total number of members
in the Legislative Assembly, with the Chief Minister at the
head to aid and advise the Lt. Governor in the exercise of
his functions in relation to matters with respect to which
the Legislative Assembly has power to make laws, except
in so far as he is, by or under any law, required to act in
his discretion.
Provided that in the case of difference of opinion between
the Lieutenant Governor and his Ministers on any matter,
the Lieutenant Governor shall refer it to the President for
decision and act according to the decision given thereon
by the President and pending such decision it shall be
competent for the Lieutenant Governor in any case where
the matter, in his opinion, is so urgent that it is necessary
for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary.
(5)…
(6)…”
12. Following the introduction of Articles 239AA and 239AB, Parliament
enacted the GNCTD Act, 1991 to give full effect to the constitutional
amendment. Part IV of the GNCTD Act relates to ‘Lieutenant Governor
and Ministers’ and Sections 41 to 45 falling under this Part are
relevant for our purpose and we will refer them at the relevant place.
Judicial Interpretation of Article 239AA and GNCTD Act:
13. The distribution of legislative powers between the Parliament and
the Legislative Assembly of NCTD, as well as the distribution of
the executive powers between the Union Government and the
Government of NCTD was discussed and basic principles were laid
down in the two Constitution Bench judgments of 2018 in State (NCT
of Delhi) v. Union of India16 and of 2023 in Government of NCT of
Delhi v. Union of India.17

16 Supra no. 9
17 Supra no. 10
[2024] 8 S.C.R. 217

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

14. The 2023 decision of the Constitution Bench in Government of NCT
of Delhi v. Union of India reaffirmed the unique position of NCTD
enunciated in the 2018 decision- that its Legislative Assembly has
competence to make laws for all matters enumerated in List II and
List III (except with respect to entries 1, 2 & 18 of List II). While Union
has executive power with respect to matters concerning entries 1, 2
& 18 of List II, the Government of NCTD has executive power with
respect to all matters in List II as well as List III (except of course
for matters with respect to entries 1, 2 & 18 of List II).
15. Article 239AA(3)(b) confers legislative power on the Parliament to
make laws on any and all matters in Lists II and III. Article 239AA(3)(c)
further provides that in case the Parliament exercises such legislative
power, any law passed by the Legislative Assembly of NCTD shall
be void to the extent of repugnancy with the Parliamentary law.
Paragraphs 22 to 27 of the 2023 judgment authored by the Hon’ble
Chief Justice (Dr. D Y Chandrachud) are relevant for our consideration
and the same are reproduced herein for ready reference. These will
conclusively establish the principle that if the Parliament makes a law
in relation to any subject in List II and List III, the executive power of
GNCTD shall then be limited by the law enacted by the Parliament.
“Legislative and executive power of NCTD
22. Article 239AA(3)(a) stipulates that the Legislative
Assembly of Delhi shall have the power to make laws for
the whole or any part of NCTD with respect to matters
in the State List and the Concurrent List “insofar as any
such matter is applicable to Union Territories” except
for certain subjects expressly excluded. The provisions
expressly excludes entries 1, 2, and 18 of the State List,
and entries 64, 65 and 66 of List II insofar as they relate
to the entries 1, 2, and 18. Article 239AA(3)(b) confers
on Parliament the power “to make laws with respect to
any matter” for a Union Territory or any part of it. Thus,
while the Legislative Assembly of NCTD has legislative
competence over entries in List II and List III except for
the excluded entries of List II, Parliament has legislative
competence over all matters in List II and List III in relation
to NCTD, including the entries which have been kept
out of the legislative domain of NCTD by virtue of Article
218 [2024] 8 S.C.R.

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239AA(3)(a). This is where there is a departure from the
legislative powers of Parliament with respect to States.
While Parliament does not have legislative competence
over entries in List II for States, it has the power to make
laws on entries in List II for NCTD. This was the view taken
in the 2018 Constitution Bench judgment.
23. As the concurring opinion of Justice Chandrachud held:
“316… Unlike State Legislative Assemblies
which wield legislative power exclusively over
the State List, under the provisions of Article
246(3), the legislative assembly for NCT does
not possess exclusive legislative competence
over State List subjects. By a constitutional
fiction, as if it were, Parliament has legislative
power over Concurrent as well as State List
subjects in the Seventh Schedule. Sub Clause
(c) of Clause 3 of Article 239AA contains a
provision for repugnancy, similar to Article
254. A law enacted by the legislative assembly
would be void to the extent of a repugnancy
with a law enacted by Parliament unless it has
received the assent of the President. Moreover,
the assent of the President would not preclude
Parliament from enacting legislation in future
to override or modify the law enacted by the
legislative assembly… ”
24. The 2018 Constitution Bench judgment held that the
executive power of NCTD is co-extensive with its legislative
power, that is, it shall extend to all matters with respect
to which it has the power to legislate. Article 239AA(4)
provides that the Council of Ministers shall aid and advise
the Lieutenant Governor in the exercise of the functions of
the latter in relation to matters with respect to which the
Legislative Assembly has the power to make laws. Thus, the
executive power of NCTD shall extend over entries in List
II, except the excluded entries. After analysing the provision
of Article 239AA(4), it was held in the opinion of the majority
in the 2018 Constitution Bench judgment that the Union
[2024] 8 S.C.R. 219

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

has executive power only over the three entries in List II
over which NCTD does not have legislative competence,
that is, entries 1,2, and 18 in List II. It was held:
“222. A conjoint reading of Article 239-AA(3)(a)
and Article 239-AA(4) reveals that the executive
power of the Government of NCT of Delhi is
coextensive with the legislative power of the
Delhi Legislative Assembly which is envisaged
in Article 239- AA(3) and which extends over
all but three subjects in the State List and
all subjects in the Concurrent List and, thus,
Article 239-AA(4) confers executive power on
the Council of Ministers over all those subjects
for which the Delhi Legislative Assembly has
legislative power.
223. Article 239-AA(3)(a) reserves Parliament’s
legislative power on all matters in the State List
and Concurrent List, but clause (4) nowhere
reserves the executive powers of the Union
with respect to such matters. On the contrary,
clause (4) explicitly grants to the Government
of Delhi executive powers in relation to matters
for which the Legislative Assembly has power
to legislate. The legislative power is conferred
upon the Assembly to enact whereas the policy
of the legislation has to be given effect to by
the executive for which the Government of Delhi
has to have coextensive executive powers…
224. Article 239-AA(4) confers executive powers
on the Government of NCT of Delhi whereas
the executive power of the Union stems from
Article 73 and is coextensive with Parliament’s
legislative power. Further, the ideas of pragmatic
federalism and collaborative federalism will fall
to the ground if we are to say that the Union has
overriding executive powers even in respect of
matters for which the Delhi Legislative Assembly
has legislative powers. Thus, it can be very well
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said that the executive power of the Union in
respect of NCT of Delhi is confined to the three
matters in the State List for which the legislative
power of the Delhi Legislative Assembly has
been excluded under Article 239-AA(3)(a). Such
an interpretation would thwart any attempt on
the part of the Union Government to seize all
control and allow the concepts of pragmatic
federalism and federal balance to prevail by
giving NCT of Delhi some degree of required
independence in its functioning subject to the
limitations imposed by the Constitution…
284.16. As a natural corollary, the Union of India
has exclusive executive power with respect to
NCT of Delhi relating to the three matters in the
State List in respect of which the power of the
Delhi Legislative Assembly has been excluded.
In respect of other matters, the executive power
is to be exercised by the Government of NCT of
Delhi. This, however, is subject to the proviso to
Article 239-AA(4) of the Constitution. Such an
interpretation would be in consonance with the
concepts of pragmatic federalism and federal
balance by giving the Government of NCT of
Delhi some required degree of independence
subject to the limitations imposed by the
Constitution.”
25. The judgment of the majority, however, clarified that
if Parliament makes a law in relation to any subject in List
II and List III, the executive power of GNCTD shall then
be limited by the law enacted by Parliament. It was held:
“284.15. A conjoint reading of clauses (3)(a)
and (4) of Article 239-AA divulges that the
executive power of the Government of NCTD
is coextensive with the legislative power of the
Delhi Legislative Assembly and, accordingly, the
executive power of the Council of Ministers of
Delhi spans over all subjects in the Concurrent
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Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

List and all, but three excluded subjects, in the
State List. However, if Parliament makes law in
respect of certain subjects falling in the State
List or the Concurrent List, the executive action
of the State must conform to the law made by
Parliament. (sic)”
26. The above view was also taken by Justice Chandrachud
in his concurring opinion:
“316. the provisions of Clause 2 and Clause 3
of Article 239AA indicate that while conferring a
constitutional status upon the legislative assembly
of NCT, the Constitution has circumscribed the
ambit of its legislative Powers firstly, by carving
out certain subjects from its competence (vesting
them in Parliament) and secondly, by enabling
Parliament to enact law on matters falling both
in the State and Concurrent lists. Moreover,
in the subjects which have been assigned to
it, the legislative authority of the Assembly is
not exclusive and is subject to laws which are
enacted by Parliament.”
27. The 2018 Constitution Bench judgment authoritatively
held that the legislative and executive power of NCTD
extends to all subjects in Lists II and III, except those
explicitly excluded. However, in view of Article 239AA(3)
(b), Parliament has the power to make laws with respect
to all subjects in List II and III for NCTD.”
16. It is in the above referred constitutional position of NCTD that we
will examine the law enacted by the Parliament on Municipality, i.e.
the Delhi Municipal Corporation Act, 1957.
Delhi Municipal Corporation Act 1957, as amended by Act 67/93:
17. The Delhi Municipal Corporation Act is a law which relates to Entry
5 of State List.18 This is an Act to consolidate and amend the law

18 This is an admitted position as can be seen from para 2.2 of the written submission of Dr. Singhvi that,
“In the present case, the DMC Act relates to Entry 5 of State List”.
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relating to the Municipal Government of Delhi. We are concerned
with Section 3(3)(b)(i) of the Act, introduced by an amendment in
1993, after introduction of Article 239AA in 1991, which requires
the Lt. Governor to nominate persons to be represented in the
Corporation. Section 3 being central to our consideration, we will
extract a substantial part of it for ready reference:-
“3. Establishment of the Corporation
(1) With effect from such date as the Central Government
may, by notification in the Official Gazette, appoint,
there shall be a Corporation charged with the municipal
Government of Delhi, to be known as the Municipal
Corporation of Delhi.
(2) The Corporation shall be a body corporate with the name
aforesaid having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire,
hold and dispose of property and may by the said name
sue and be sued.
(3) (a) The Corporation shall be composed of the
councillors;
(b) the following persons shall be represented in the
Corporation, namely:—
(i) ten persons, who are not less than 25 years of age and
who have special knowledge or experience in municipal
administration, to be nominated by the Administrator:
Provided that the persons nominated under this sub-
clause shall not have the right to vote in the meetings of
the Corporation;
(ii) members of the House of the People representing
constituencies which comprise wholly or partly the area of
the Corporation and the members of the Council of States
registered as electors within the area of the Corporation;
(iii) as nearly as possible one-fifth of the members of the
Legislative Assembly of the National Capital Territory of
Delhi representing constituencies which comprise wholly
or partly the area of the Corporation to be nominated by
[2024] 8 S.C.R. 223

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

the Speaker of that Legislative Assembly, by rotation,
every year:
Provided that while nominating such members, by rotation,
the Speaker shall ensure that as far as possible all the
members are given an opportunity of being represented
in the Corporation at least once during the duration of the
Corporation; (iv) the Chairpersons of the Committees, if
any, constituted under sections 39, 40 and 45, if they are
not councillors.
(4) Councillors shall be chosen by direct election on the
basis of adult suffrage from various wards into which
Delhi shall be divided in accordance with the provisions
of this Act ***.”
18. The Parliamentary enactment on the subject of Municipality for Delhi,
being the DMC Act as amended in 1993, the legislative power of the
Legislative Assembly of NCTD to make laws is to be considered.
The ‘Sui Generis’ status of NCTD has been analysed and declared
by both the Constitution Bench judgments. In the 2018 Constitution
Bench Judgment on NCT, Delhi, Justice Dipak Misra, speaking for
the majority held:
“284.15. However, if Parliament makes law in respect of
certain subjects falling in the State List or the Concurrent
List, the executive action of the State must conform to
the law made by Parliament.”
19. A similar observation is made by Justice D.Y. Chandrachud in his
concurring Judgment. In Para 316 of the Judgment, it is observed
that;
“316. The provisions of Clause 2 and Clause 3 of Article
239AA indicate that while conferring a constitutional status
upon the legislative assembly of NCT, the Constitution
has circumscribed the ambit of its legislative Powers
firstly, by carving out certain subjects from its competence
(vesting them in Parliament) and secondly, by enabling
Parliament to enact law on matters falling both in the
State and Concurrent lists. Moreover, in the subjects
which have been assigned to it, the legislative authority
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of the Assembly is not exclusive and is subject to laws
which are enacted by Parliament.”
20. Reiterating the same position, even in the 2023 Constitution Bench
Judgment, Chief Justice Dr. D.Y. Chandrachud observed that:
“The judgment of the majority, however, clarified that if
Parliament makes a law in relation to any subject in List
II and List III, the executive power of GNCTD shall then
be limited by the law enacted by Parliament.”
21. In view of the distinct constitutional position as it exists for NCTD, we
cannot agree with the submissions of Dr. Singhvi that the position of Lt.
Governor is akin to that of a Governor in a State under Article 163 of
the Constitution. There is a clear distinction between the discretionary
power of the Governor under Article 163 and that of the Lt. Governor
under Article 239AA(4). While Article 163 requires Governor of a State
to act on the aid and advice of the Council of Ministers, ‘except in
so far as he is by or under this Constitution required to exercise his
functions or any of them in his discretion’, the exception in so far as
the Lt. Governor, under Article 239AA(4) is concerned, he will act in
his discretion, ‘in so far as he is required by or under any law’. Article
239AA of the Constitution takes into account the unique position of
NCTD and therefore adopts the mandate of ‘law’ as a distinct feature
for exercise of discretion.
22. In view of the constitutional position and the decisions of this Court,
a restatement of the relations between the Union and the NCTD is
necessary before we proceed to interpret Section 3(3)(b)(i) of DMC
Act to consider whether the Lt. Governor is to nominate on the aid
and advice of the Council of Ministers or is to act as per his discretion.
A. Legislative Relationship
(i) Legislative Assembly of NCTD shall have power to make laws
(legislative power) for NCTD with respect to ‘any of the matters’
enumerated in State List or Concurrent List. (except entries 1,
2 and 18 of State List). (Article 239AA(3)(a)).
(ii) Notwithstanding the above, Parliament shall have power to make
laws (legislative power) for NCTD with respect to ‘any matter’
in the three lists. This is where there is a departure from the
legislative powers of Parliament with respect to States. While
[2024] 8 S.C.R. 225

Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

Parliament does not have legislative competence over entries in
List II for States, it has the power to make laws even with respect
to matters enumerated in List II for NCTD [(Article 239AA(3)(b)].
(iii) Law made by the Parliament shall prevail, whether made before
or after any law made by the Legislative Assembly of NCTD,
and the law made by the Legislative Assembly, to the extent
of repugnancy, shall be void. Only exception is when the law
made by Legislative Assembly of NCTD receives Presidential
assent. (proviso to Article 239AA(3)(c))
(iv) Once Parliament exercises its legislative power and makes a
law on a subject in List II or List III, the Legislative Assembly
of NCTD is denuded of its legislative competence to make
laws with respect to that subject. Once there is no legislative
power for Legislative Assembly of NCTD, there would be no
executive power as executive power is always co-extensive
and coterminous with legislative power.
B. Executive Relationship
(v) Government of NCTD has the executive power in relation to all
matters with respect to which Legislative Assembly of NCTD
has power to make laws. The executive power extends to all
matters enumerated in the Concurrent List as well as State List
(Except Entries 1, 2 and 18 of State List).
(vi) Union of India shall have exclusive executive power with respect
to matters in Entries 1, 2 and 18 of the State List, which are
specifically excluded from the legislative power of NCTD.
(vii) The executive power of Government of NCTD shall be exercised
through the Lt. Governor who shall act on the aid and advice of
the Council of Ministers [Art 239AA(4)] read with Section 44 of
the GNCTD Act. Another constitutionally recognized departure
for NCTD is that while Governor of a State under Article 163
acts on the aid and advice of Council of Ministers on all matters
except when he is by or under the Constitution required to
exercise his functions in his discretion, the Lt. Governor, under
Article 239AA(4) is to exercise discretion, ‘in so far as he is, by
or under any law, required to act in his discretion’. ‘Law’ requiring
him to act in his discretion could be a law of the Legislative
Assembly of NCTD or a Parliamentary law.
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C. Statutory Regulation
(viii) Once Parliament makes Law on a subject over which NCTD
also has legislative competence and consequently executive
power, the powers, duties and obligations of the authorities
will then be governed by the mandate of the Law made. This
position is already mentioned in statements (iii) and (iv). If the
Law vests a power, duty or an obligation on the Lt. Governor,
the Lt. Governor will act under the mandate of the Act and
not as per the ‘executive power’ of Government of NCTD.
Therefore, statutory provision alone will determine whether
the power is intended to be exercised by the Lt. Governor
on his own accord or on the aid and advise of the Council
of Ministers.
23. Before examining the statute, i.e., DMC Act in detail, we will deal with
yet another submission of the petitioner. It is argued by Dr. Singhvi
that vesting of power in the name of Administrator/Lt. Governor in
Section 3(3)(b)(i) is nothing but a ‘semantic lottery’, as the word
‘administrator’ has been used in many pre-1991 legislations which
relate to subjects that now fall within the purview of the Legislative
Assembly of NCTD.
24. We will examine if this apparent vesting of the power in the name
of Administrator, to nominate councillors under Section 3(3)(b)(i) is
by default, as the old statutory regime would have continued without
incorporating the Legislative status for NCTD after the introduction
of Article 239AA in 1991.
25. For giving effect to the Constitutional 69th Amendment introducing
Articles 239AA and 239AB and the specific recommendations of
Balakrishnan Committee for reorganizing municipalities, the Delhi
Municipal Corporation (Amendment) Bill, 1992 was introduced in
the Lok Sabha on 24th November, 1992.
26. While the Bill was pending consideration, another constitutional
development took place. In its Winter Session, Parliament passed the
Constitution (Seventy-fourth Amendment) Bill relating to ‘Panchayats’
and ‘Municipalities’. Part IX-A relating to Municipalities comprising of
Articles 243P to Articles 243ZG came into effect from 01.06.1993. The
Constitutional recognition of Municipalities, coupled with provisions
granting autonomy for municipal administration, its elections,
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Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi

composition, duration, reservation, etc. had to be incorporated in the
DMC Act. In order to ‘harmonize’ the position, Government withdrew
the pending Bill and introduced the new Bill No. 66 of 1993. The Bill
was passed and was notified on 17.09.1993 as the Delhi Municipal
Corporation (Amended) Act No. 67 of 1993.
27. The DMC Act, as amended in 1993 is of seminal importance. The
amendment gives effect to two Constitutional developments. While
the first relates to the recognition and grant of quasi-statehood to
Delhi with the introduction of Articles 239AA and 239AB, the other
relates to grant of a Constitutional status to the Municipalities. The
statement of objects and reasons of Amendment Act 67 of 1993
record the circumstance in which amendments to the principal Act
were brought about:
“STATEMENT OF OBJECTS AND REASONS
The need for reorganization of administrative and municipal
set up in Delhi was being felt and the matter has been
under the consideration of the Government for some time.
For making an in-depth study, the Government appointed
a Committee to go into the various issues connected with
the administrative and municipal set up of Delhi and to
recommend measures, inter alia, for streamlining of the
municipal set up. The Committee on re-organisation of the
Delhi set up (popularly known as Balakrishnan Committee)
went into the matter in great detail and recommended a
decentralized municipal administration.
2. To give effect to the recommendation of the Committee,
and decision of the Government thereto, the Delhi
Municipal Corporation (Amendment) Bill, 1992 was
introduced in Lok Sabha on 24 th November, 1992.
Meanwhile, during the Winter Session of the Parliament,
the Constitution (Seventy-second Amendment) Bill, 1992
relating to Panchayats and the Constitution (Seventy-
third Amendment) Bill, 1992, relating to the municipalities
were passed. These Bills have now become Acts. As the
provisions of the aforesaid two Constitutional Amendments
have a bearing on the composition, duration reservation of
seats and responsibilities of Panchayats and Municipalities,
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it has become necessary to make further changes in the
Delhi Municipal Corporation (Amendment) Bill, 1992 so
as to harmonise the provisions of the Delhi Municipal
Corporation Act, 1957 with the provisions of the aforesaid
two Constitutional Amendments.
3. Government has, therefore, proposed to withdraw the
Delhi Municipal Corporation (Amendment) Bill, 1992 to
introduce a new Amendment Bill in harmony with aforesaid
Constitution Amendment Acts, with such modifications as
are necessary in view of the special requirements of the
Union Territory of Delhi.
4. The important changes sought to be brought about by
the Bill are-
(i), (ii)…….
(iii) Provision has been made for ten persons of not less
than 25 years of age and possessing special knowledge
or experience in municipal administration, to be nominated
by the Administrator to the Corporation;
(iv) to (xv)……….
Notes on Clauses
Many of the clauses of the Bill provide for amendments
to the Delhi Municipal Corporation Act, 1957 in order to
bring its provisions, as far as possible, in consonance with
the provisions contained in the Constitution (Seventy-third
Amendment) Act, 1992 and the Constitution (Seventy-
fourth Amendment) Act, 1992 as well as consequent on
the transfer of certain functions now being performed by
the Municipal Corporation of Delhi to other agencies.
Clause 3 provides for the increase in the number of
Councillors from one hundred to one hundred and thirty-
four. It also provides for representation of ten persons,
having special knowledge or experience in municipal
administration (without voting right) to be nominated by
the Administrator and representation of MPs from Delhi
and Members of Legislative Assembly of Delhi….”
[2024] 8 S.C.R. 229

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The 1993 Amendment to the DMC Act:
28. The DMC Act, as amended in 1993 (by Act 67/93) recognizes five
authorities exercising distinct powers and duties under the Act.
They are the, i) Central Government, ii) Government of NCTD,
iii) Administrator, iv) Corporation, and v) the Commissioner. These
authorities are also defined under the Act. Section 2(21A) defines
‘Government’ as ‘the Government of National Capital Territory of Delhi’,
‘Administrator’ is defined under Section 2(1) as ‘the Lt. Governor of the
National Capital Territory of Delhi’, the ‘Corporation’ is defined under
Section 2(7) as ‘the Municipal Corporation of Delhi’ and finally the
‘Commissioner’ is defined under Section 2(6) as ‘the Commissioner
of the Corporation appointed under Section 54 of the Act’.
29. The (Amendment) Act carries out as many as 136 amendments to
the principal Act to give effect to a scheme by which powers, duties,
and responsibilities are allocated to the authorities, depending on
the functions that they perform under the Act. This also includes
comprehensive amendments to Section 3(3)(b)(i) of the Act. For
instance, while the power of nomination of Aldermen is given to the
Lt. Governor under Section 3(3)(b)(i), the power of nomination of
MLA’s is given to the Speaker of the House under this very Section.
It is therefore incorrect to suggest that the power vested in the Lt.
Governor continued by default or ‘Semantic Lottery’. In fact, the
power to nominate is brought into the Statute for the first time with the
introduction of the 1993 amendment to the DMC Act. This submission is
therefore rejected as it is oblivious of the 1993 amendment to the Act.
The ‘Text’ and the ‘Context’ of Section 3(3)(b)(i) of DMC Act:
30. We will now examine Section 3(3)(b)(i) and also the ‘context’ in
which it is located with other provisions of the Act to gather the true
purpose and intention of the Parliament. The text of the provision is
clear. Section 3(3)(b)(i) provides that ‘ten persons to be nominated
by the Administrator’.
31. It is now necessary to refer to the statutory scheme involving power,
functions and duties of the Lt. Governor and that of the Government
of NCTD in order to appreciate the true intendment behind Section
3(3)(b)(i), i.e., whether the power is to be exercised by the Lt. Governor
on the aid and advice of the Council of Ministers or it is a statutory
duty to be exercised at its own discretion as the Lt. Governor.
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32. Provisions of the DMC Act imposing certain duties on the Lt. Governor
are as follows:
(i) Section 3(3)(b)(i) provides that ten persons who have special
knowledge and experience in municipal administration are to
be nominated by the Administrator.
(ii) Section 7 relates to the duty, superintendence, direction
and control of elections by the Election Commissioner and
the Administrator is given the duty to appoint the Election
Commissioner. The other power relates to a duty to maintain
the integrity of the elections.
(iii) Section 33 relates to the duty to decide if any councillor has
become subject to disqualification. The duty is entrusted to the
Administrator and the Section provides that “the question shall
be referred to the decision of the Administrator and his decision
shall be final”. Sub-Section 4 of the same Section provides that
before giving any decision on the question, the Administrator
shall obtain the opinion of the Election Commissioner and the
Lt. Governor shall act in accordance with the opinion of the
Election Commission.
(iv) Section 73 relates to the duty of the Administrator to convene
the first meeting of the Corporation after the General Elections.
(v) Section 77 prescribes the duty of the Administrator to nominate
a presiding officer for the election of the Mayor. This duty is
prescribed in terms that the “Administrator shall nominate a
Councillor”.
(vi) Section 82 relates to the power of the Lt. Governor to decide the
time, place and procedure of the first meeting of the Corporation
after the General Elections.
(vii) Section 95 provides for the Administrator being the Appellate
Authority against imposition of punishment on municipal officer
and other employees who are appointed by the Commissioner.
(viii) Section 107A provides that the Administrator shall constitute
the Finance Commission.
(ix) Section 347D also provides an appeal to the Administrator for
adjudicating disputes against the order of the Appellate Tribunal
made under Section 343 or 347B.
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33. In contrast, we will now examine the powers and duties entrusted
to the Government of NCTD by the DMC Act.
(i) Under Section 479, the Government of NCTD has the power to
make Rules. The Government also has the power to approve
Bye-Laws made by the Corporation.
(ii) Section 7B relates to the preparation of Electoral Rolls in
which the Electoral Registration Officer shall be appointed in
consultation with the Government.
(iii) Section 43 empowers the Government to give general or special
orders with respect to any function that the Corporation may
perform in exercise of its duty.
(iv) Under Section 52, the Government has the power to pass
general or special orders as specified in Fifteenth Schedule
of the Act, with respect to exercise of powers and functions of
the Ward Committees.
(v) Under Section 89, the appointment of the Municipal Chief Auditor
shall be made with the previous approval of the Government.
Similarly, all the officers mentioned in Section 89(1), except the
Municipal Chief Accountant and Municipal Secretary, shall be
subject to confirmation by the Government.
(vi) Under Section 92A, direct recruitment to category B and C
posts shall be made by the Government and it may prescribe
the agencies for performing its function.
(vii) Under Section 116, the Government has the power to appoint
and notify the Municipal Valuation Committee which comprises
a Chairperson and such other members as the Government
may determine.
(viii) Under Section 150 the power of the Corporation to levy taxes
is subject to the sanction of the Government.
(ix) Under Section 169 the Government shall have the power
to constitute the Municipal Taxation Tribunal and such other
members as the Government may determine.
(x) Under Section 207 the Government has the power to appoint
an Auditor for the purpose of making a special audit of the
Municipal Fund and reporting thereon to the Government.
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(xi) Under Section 347A the Government also has the power to
constitute one or more Appellate Tribunal for deciding appeals
under section 343 and 347B.
(xii) Under Section 347A(4) the Government has the power to
appoint one or more persons having special knowledge or
experience in the matters involved in such appeals to act as
assessors to advice the Appellate Tribunal. In this very context
it is important to note that in so far as appointment of person
manning the Appellate Tribunal is concerned, the power is given
to the Central Government.
(xiii) Under Section 469, the Government has the power to appoint
Municipal Magistrates for conducting the trial of offences under
the Act. Under sub-Section (3) the Government has the power
to prescribe the salary, pension, and leave etc.
34. Apart from the powers and duties of Lt. Governor and the Government
of NCTD as noted in Paras 32 and 33, the DMC Act also refers
to powers, functions and duties of other authorities such as the
Central Government, the Corporation,19 and the Commissioner.20
The specific powers that are entrusted to them are mentioned in
the footnote for the purpose of brevity as we are concerned only
with the competing power structure between the Lt. Governor and
the Government of NCTD.
35. The provisions of the Act relating to the Lt. Governor are relating
to matters such as nomination of experts, Election Commissioner,
constituting Finance Commission, convening the first meeting of the
Corporation, acting as an appellate authority, etc. These functions
seem to suggest that they are intended to enable the authority (Lt.
Governor) in which the power is vested to act as an independent body.
36. On the other hand, powers and duties entrusted to the Government
under the DMC Act are very distinct from that of the Lt. Governor.
Para 30 evidences this fact. Powers and duties of Government of
NCTD relate to matters such as making of subordinate legislation,
having superintendence, making direct recruitment, imposing taxes,

19 See Sections 39, 89, 98, 209
20 See Sections 89, 90, 92, 98
[2024] 8 S.C.R. 233

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establishment of Tribunals, appointment of Authorities such as the
Municipal Chief Auditor, Valuation Committee, etc.
37. Having examined Section 3(3)(b)(i) of the DMC Act empowering
the Lt. Governor to nominate persons having special knowledge
to the DMC, we will underscore the point that it is law made by
Parliament. As the law requires the Lt. Governor to exercise the
power of nomination, it satisfies the exception contemplated under
Article 239AA(4) to act in his discretion as he is by or under any
law so required to act. We also reject the submission that the word
‘Administrator’ is a relic of the past- a pre-1991 legislation when
there was no Legislative Assembly for Delhi, for the reason that
Section 3(3)(b)(i) was introduced only in 1993 to give effect to the
two constitutional amendments. Apart from the ‘text’ of Section
3(3)(b)(i) specifically requiring the Lt. Governor to nominate, we have
also examined the ‘context’ in which the said provision is located,
and it evidences the existence of a statutory scheme in which powers
and duties are entrusted to different authorities under the Act to
subserve the constitutional purposes. The statutory regime makes it
clear that the entrustment of the powers is intended to be exercised
by Lt. Governor as a statutory duty.
38. We would therefore proceed to add the following two principles to
the statement of the relations between Union and NCTD in para 22:
(ix) The statutory power under Section 3(3)(b)(i) to nominate
persons of special knowledge was vested in the Lt. Governor
for the first time by the 1993 amendment to the Delhi Municipal
Corporation Act, 1957 to incorporate the Constitutional changes
through Articles 239AA, 239AB and introduction of Part IX-A
relating to municipalities. The power to nominate is therefore
not a vestige of the past or a power of the Administrator that
is continued by default. It is made to incorporate change in the
Constitutional structure of NCTD.
(x) The ‘text’ of Section 3(3)(b)(i) of the DMC Act, 1957 as
amended by Act 67/1993 expressly enables the ‘Lt. Governor’
to nominate persons having special knowledge to the
Corporation. The power expressed by the statute in the name
of Lt. Governor, also seen in the ‘context’ of other provisions
of the statute, demonstrates the statutory scheme in which
powers and duties are distributed among authorities under
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the Act. The context in which the power is located confirms
that the Lt. Governor is intended to act as per the mandate
of the statute and not to be guided by the aid and advice of
the Council of Ministers.
39. Having examined the provisions of the Act, we are of the opinion
that Section 3(3)(b)(i) of the Delhi Municipal Corporation Act is a
Parliamentary enactment vesting the power of nomination of persons
with special knowledge in municipal administration with the Lt.
Governor. The power is to be exercised as a statutory duty of the
Lt. Governor and not as the executive power of the Government of
NCTD.
40. For the reasons stated above, the notifications dated 03.01.2023
and 04.01.2023 issued by the Lt. Governor under Section
3(3)(b)(i) are not in violation of Article 239AA read with Section 41
of the GNCTD Act.
41. Accordingly, this Writ Petition (C) No. 348 of 2023 under Article 32
of the Constitution of India is dismissed.
42. No order as to costs.

Result of the case: Writ Petition dismissed.

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Headnotes prepared by: Divya Pandey