L-G can directly appoint alderman in MCD, says SC
The Supreme Court on Monday, upheld the power of the Lieutenant Governor (L-G) to independently appoint 10 aldermen to the Municipal Corporation of Delhi (MCD). This comes as a setback for the Aam Aadmi Party (AAP)-led Delhi government. The judgment was pronounced by Justice PS Narasimha, with the bench headed by Chief Justice DY Chandrachud and including Justice JB Pardiwala.
Justice Narasimha clarifies L-G's statutory duty
Justice Narasimha clarified that the appointment of aldermen is a "statutory duty" of the L-G, who is not obligated to follow the state cabinet's aid and advice in this matter. The bench further explained that Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, amended in 1993, empowers the L-G to appoint aldermen. This power is neither a "relic of the past" nor an overreach of constitutional authority.
Verdict follows 15-month legal process
The verdict is the culmination of a legal process that began over 15 months ago, with the court concluding its hearings on the matter in May 2023. This judgment holds particular significance as it comes amid criticism of the Delhi civic body's handling of essential services, particularly its management of city drains and stormwater systems. The AAP had won the municipal elections in 2022 prior to this ruling.
Delhi government's plea
After the AAP's victory in the 2022 municipal elections, the L-G appointed 10 aldermen, leading to a legal challenge by the Delhi government. The government moved to the Supreme Court seeking to quash these orders, arguing that L-G VK Saxena nominated members of the Bharatiya Janata Party (BJP) as aldermen without consulting with them. This action was contrary to law and past Supreme Court judgments, according to their submission.
L-G's defense
In response, L-G Saxena defended his actions by stating that the appointment of aldermen is an independent power under the DMC Act, and does not require the aid or advice of the government. He further clarified that governance of MCD is derived from Part IX-A of Constitution (inserted in 1993), unrelated to Article 239AA of Constitution and Government of National Capital Territory of Delhi (GNCTD) Act.
