Lagatar24 Desk
New Delhi: In a major setback for the Aam Aadmi Party (AAP) government, the Supreme Court ruled today that the Lieutenant Governor (LG) can nominate aldermen to the Municipal Corporation of Delhi (MCD) without the need for aid and advice from the Delhi government.
The ruling clarified that the LG’s power to nominate members to the civic body is a statutory power, not an executive one. The bench, comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, delivered the verdict that had been reserved since last year.
Justice Narasimha stated that Section 3(3)(b) of the Delhi Municipal Corporation Act authorizes the LG to nominate 10 individuals, aged 25 or above, with special knowledge or experience in municipal administration.
“It is incorrect to suggest that the power vested in the Delhi LG is a mere semantic lottery. It is a law made by Parliament, satisfying the discretion exercised by the LG as required by the law and falling under the exception of Article 239. The 1993 DMC Act first vested the power to nominate in the LG, and it is not a relic of the past,” Justice Narasimha said.
The judge also pointed out that a five-judge bench of the Supreme Court had previously ruled that Parliament could legislate on state and concurrent lists of Delhi. “As Parliament has conferred power on the LG to nominate 10 aldermen, the AAP government cannot quarrel with that,” he added.
The MCD comprises 250 elected and 10 nominated members. The AAP currently controls the MCD after winning 134 seats in the 2022 elections, while the BJP holds 104 seats.
Last year, the Supreme Court expressed concerns that granting the LG the power to nominate aldermen could destabilize an elected civic body. Senior advocate Abhishek Singhvi, representing the Delhi government, argued that the state government had no separate powers to nominate people to the MCD and that the practice of the LG nominating aldermen based on the city government’s aid and advice had been followed for three decades.
However, Additional Solicitor General Sanjay Jain, representing the LG’s office, countered that a long-standing practice does not necessarily mean it is correct.
The AAP described the Supreme Court verdict as a “jolt to democracy.” Party MP Sanjay Singh stated, “You are going to bypass an elected government and give all powers to the Lieutenant Governor so that he runs Delhi using a stick. This is not right for democracy. We respectfully disagree with the Supreme Court ruling. The verdict is at odds with the bench’s observations during the hearing.” He added that the party would decide on the next steps after reviewing the judgment.
The AAP government, led by Arvind Kejriwal, has long argued that the Centre maintains a stranglehold on Delhi through the LG, restricting the elected city government’s ability to execute its duties properly.
Conversely, BJP MP Praveen Khandelwal welcomed the Supreme Court verdict, stating that it clarified the LG’s authority to appoint aldermen as per the law. “The Aam Aadmi Party has a habit of making allegations on every issue. Their politics has been rejected by the court,” he said.
