New Delhi August 5 2024 : The Supreme Court on Monday confirmed the Lieutenant Governor’s authority to unilaterally appoint ten aldermen to the Municipal Corporation of Delhi (MCD) without consulting the state cabinet, delivering a significant blow to the Aam Aadmi Party (AAP)-led Delhi government. The ruling, delivered by Justice PS Narasimha, was supported by a bench that included Chief Justice Dhananjaya Y Chandrachud and Justice JB Pardiwala.
Justice Narasimha declared that the appointment of aldermen is a “statutory duty” of the Lieutenant Governor, who is not required to act on the aid and advice of the state cabinet in this matter. The bench clarified that Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, amended in 1993, empowers the LG to appoint aldermen. This authority, vested in the administrator of Delhi, is neither a “relic of the past” nor an overreach of constitutional power.
The court had reserved its decision on May 17 last year and had previously expressed concerns that granting the LG this power might destabilize the democratically elected MCD. The MCD comprises 250 elected and 10 nominated members. “Is the nomination of specialized people in MCD of that much concern to the Centre? Actually, giving this power to the LG would effectively mean that he can destabilize the democratically elected Municipal Committees because they (aldermen) will have voting powers also,” the court had noted.
In December 2022, AAP won the civic elections, securing 134 wards and ending the Bharatiya Janata Party’s (BJP) 15-year control over the MCD. The BJP won 104 seats, while Congress secured nine.
Senior advocate Abhishek Singhvi argued that nominating aldermen should follow the aid and advice of the city government, a practice upheld for 30 years. However, Additional Solicitor General Sanjay Jain countered that the long-standing practice does not justify its correctness.
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