In Brief
The Supreme Court dismissed a Writ Petition by the Government of Delhi challenging the Lieutenant Governor's nomination of ten municipal experts to the Delhi Municipal Corporation. The Court held that Section 3(3)(b)(i) of the DMC Act, 1957 vests the power to nominate persons with special knowledge in municipal administration with the Lieutenant Governor as a statutory duty, independent of the Council of Ministers. Although Article 239AA(4) ordinarily requires the Lt. Governor to act on ministerial advice, an exception applies when "by or under any law" the Lt. Governor is required to act in his discretion. The 1993 DMC Amendment deliberately allocated this power to the Lt. Governor; it was not a leftover from pre-1991 law. The statutory scheme distributes distinct powers to different authorities, confirming the Lt. Governor's independent authority to make these nominations.
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