Supreme Court 2024 LIVE UPDATE
Supreme Court 2024:-In a major blow to the Aam Aadmi Party government, the Supreme Court today ruled that the Lieutenant Governor can nominate councilors in the Municipal Corporation of Delhi (MCD) without the aid and advice of the Delhi government. ALSO RAED:-https://livendtv.com/paris-olympics-2024-live-updates/
The bench said that the power of the Lieutenant Governor to nominate members to the municipal body is a statutory power and not an executive power. A bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had reserved its decision in this case last year. The Supreme Court website had earlier said that Justice Narasimha would deliver the verdict.
Justice Narasimha said that as per Section 3(3)(b) of the Delhi Municipal Corporation Act, the Lieutenant Governor can nominate 10 persons who are below 25 years of age and have special knowledge or experience in municipal administration.
He said, “It is wrong to say that the LG’s power in Delhi was a semantic lottery This is a law made by Parliament, it satisfies the discretion exercised by the LG because the law requires him to do so and it falls under the exception to Article 239. It was the DMC Act of 1993 that first conferred the power to nominate a LG and that is not a relic of the past.
The judge also said that a five-judge bench of the Supreme Court has already ruled that Parliament can make laws on the state and concurrent lists of Delhi. “Since Parliament has given the LG the power to nominate 10 aldermen, the AAP government cannot quarrel with him,” he said.
Delhi Municipal Corporation has 250 elected and 10 nominated members. Currently the ruling AAP controls it by winning 134 seats in the 2022 elections. BJP has 104 seats.
The Supreme Court had last year said that giving the Lieutenant Governor the power to nominate councilors in the MCD would mean that he could destabilize the elected municipal body. Delhi government’s counsel senior advocate Abhishek Singhvi had argued that the state government has not been given any separate powers to nominate people in the MCD. He had said that for the last three decades, the practice of nominating councilors by the Lieutenant Governor on the aid and advice of the city government has been going on. ALSO READ:-https://livendtv.com/entire-neet-paper-solved/
Additional Solicitor General Sanjay Jain, appearing for the Lieutenant Governor’s office, had argued that just because a practice has been in place for 30 years, it does not mean it is correct.
Supreme Court 2024 AAP has described the Supreme Court’s decision as a “blow to democracy”. Party MP Sanjay Singh said, “You are going to bypass an elected government and give all the powers to the Lieutenant Governor so that he can run Delhi with a baton. This is not right for democracy. We respectfully disagree with the decision of the Supreme Court. This The judgment is in contrast to the observations of the bench during the hearing.” He said the party will decide the next step after reading the verdict.
The Arvind Kejriwal-led AAP government in Delhi has long argued that the Center maintains control over the national capital through the Lieutenant Governor and the elected Delhi government does not have the authority to discharge its duties properly.
BJP MP Praveen Khandelwal said that it has become clear from the Supreme Court’s decision that the Lieutenant Governor has appointed the councilors as per the law. He said, “Aam Aadmi Party has a habit of making allegations on every issue. Their politics has been rejected by the court.
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