Constitution doesn’t allow aldermen right to vote, says SC

  • February 9, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Constitution doesn’t allow aldermen right to vote, says SC

Subject: Polity

Section :Local Government( PRI/ULB)

Concept :

  • The Supreme Court while issuing notice to the Lieutenant-Governor and the pro tem presiding officer of the Municipal Corporation of Delhi (MCD) has held that the Constitution does not allow aldermen (nominated members of a municipality) the right to vote in meetings.
  • The Chief Justice of India while hearing a petition filed by the ruling party in Delhi has said that the difference between the elected members and aldermen (nominated members) is very substantial.
  • While hearing the arguments that the move by the pro tem presiding officer to allow the nominated members to vote is a violation of Article 243R(2)(iv) of the Constitution, Justice P.S. Narasimha noted that it is not just a statute, but the Constitution itself does not allow the aldermen to vote.
  • Section 76 of the Delhi Munici­pal Corporation Act of 1957, the Mayor, or in his ab­sence the Deputy Mayor, has to preside over every meeting of the corpora­tion, the simultaneous holding elections of Mayor, Deputy Mayor and mem­bers of the Standing Com­mittees is directly contrary to the provisions of the sta­tute.

Who are Aldermen?

  • According to the Delhi Municipal Corporation Act, of 1957; The administrator (the Lieutenant Governor) can nominate 10 people, over the age of 25 to the corporation.
  • These people are expected to have special knowledge or experience in municipal administration.
  • They are meant to assist the house in taking decisions of public importance.
  • Aldermen refers to the members of a municipal council, but the exact responsibilities depending on the location of its usage.
  • They do not have the right to vote in the mayor polls, but they will hold influential power and play a significant role in the elections of Standing Committees, MCD in-house and ward committee meetings.
  • They will be a part of a group that effectively controls the MCD’s purse strings.

Article 243R of Indian Constitution- Composition of Municipalities

(1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.

(2) The Legislature of a State may, by law, provide—

  • (a) for the representation in a Municipality of—
  • (i) persons having special knowledge or experience in Municipal administration;
  • (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;
  • (iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;
  • (iv) the Chairpersons of the Committees constituted under clause (5) of article 243S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;
  • (b) the manner of election of the Chairperson of a Municipality.
Constitution doesn’t allow aldermen right to vote Polity