Supreme Court upholds Delhi LG's power to nominate 10 alderman to MCD

New Delhi: The Supreme Court on Monday held that the Delhi Lieutenant Governor can independently nominate 10 aldermen to Municipal Corporation of Delhi (MCD).

A bench comprising Chief Justice D Y Chandrachud, Justice P S Narasimha, and Justice J B Pardiwala affirmed that the LG's unilateral appointment of 10 aldermen to the MCD without consulting the state Cabinet is correct, and ruled that the Parliament has statutorily conferred on LG the power to do so.

Writing the judgment, Justice Narasimha said once such power is conferred on LG, the Aam Aadmi Party government can't have a say on this issue.

Justice Narasimha said that the Supreme Court’s five-judge bench in the Delhi vs Union of India, turf war case had ruled that Parliament can legislate on state and concurrent lists of Delhi.

As the power has been conferred on the LG to nominate 10 aldermen, the AAP govt can't quarrel with that, he said.

The Supreme Court order came on a plea by the AAP-led Delhi government against the appointment of ten aldermen by the Lieutenant Governor (LG) to the Municipal Corporation of Delhi (MCD) without the aid and advice of the State cabinet

The verdict comes nearly 15 months after the Court concluded hearings on the matter.

The Delhi Government headed by Chief Minister Arvind Kejriwal had approached the Apex Court claiming that this was the first time since Article 239AA of the Constitution came into effect in 1991 that such a nomination has been made by the LG by completely bypassing the elected government.

The Delhi government alleged that the only two courses of action open to the LG were to either accept the proposed names recommended to him for nomination by the elected government or differ with the proposal and refer it to the President.

The Supreme Court had sought the response of Delhi LG V K Saxena in the matter in March last year. During the hearings, the CJI had orally remarked that the nomination of aldermen by the LG could destabilize the democratic functioning of the MCD.

The Court had reserved its verdict in May 2023. Senior Advocate Abhishek Manu Singhvi with Advocate Shadan Farasat and Natasha Maheshwari appeared for the Delhi government. Additional Solicitor General Sanjay Jain appeared for the LG.

The judgment assumes significance at a time when the Delhi Civic Body is under fire for its mismanagement of the city’s drains.

This monsoon, three students lost their lives when water entered with a heavy force in a basement at Old Rajinder Nagar where students were studying in a library in basement.

It may be noted that on account of the pendency of the verdict, the standing committee of the MCD could not be constituted as the 10 aldermen are part of the body that elects this committee.

MCD Mayor Shelly Oberoi had also shown her concern that the civic body's functioning has come to a halt as a result.