The Lieutenant Governor's power to nominate members to the civic body is a statutory power and not an executive power, the bench said. The bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had reserved its verdict in the matter last year. The Supreme Court's website earlier said Justice Narasimha will be pronouncing the verdict
Justice Narasimha said Section 3(3)(b) of Delhi Municipal Corporation Act lays down that the Lieutenant Governor can nominate 10 persons not less than 25 years of age and with special knowledge or experience in municipal administration.
"It is incorrect to suggest that power in Delhi LG was a semantic lottery. It is law made by the Parliament, it satisfies the discretion exercised by LG since law requires him to do so and falls under the exception of Article 239. It was 1993 DMC Act which first vested the power to nominate on LG and it is not a relic of the past," he said.