Big blow to AAP! Delhi LG not bound by govt. advice to appoint MCD aldermen: SC

Supreme Court on Monday upheld the Delhi Lieutenant Governor (LG) Vinai Kumar Saxena’s authority to appoint ten aldermen to the Municipal Corporation of Delhi (MCD) independently, without needing the Delhi government’s cabinet’s advice.

This decision was made by Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and PS Narasimha in the case titled Government of NCT of Delhi vs. Office of Lieutenant Governor of Delhi.

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The Court ruled that the Delhi LG’s power to appoint aldermen is derived from the Delhi Municipal Corporation Act of 1993. This act grants the LG the authority to make these appointments directly, bypassing the Delhi cabinet’s advice. The Court emphasized that the LG’s actions must follow the statutory provisions rather than the council of ministers’ recommendations.

Solicitor General Tushar Mehta, representing the Delhi LG, argued that the appointment of aldermen by the LG is mandated by law and falls under the exceptions provided in Article 239 of the Constitution, which governs Union Territories. The Court concurred, stating that this legal framework justifies the LG’s discretion.

The ruling is significant given the ongoing criticisms of the MCD’s performance, especially regarding its handling of city infrastructure and recent waterlogging issues, which have resulted in fatalities. The Delhi government’s petition contended that this is the first instance since Article 239AA’s implementation in 1991 where the LG has made such nominations without the elected government’s involvement.

The verdict has impacted the MCD’s operations, delaying the establishment of the standing committee, which the newly appointed aldermen would have helped elect. MCD Mayor Shelly Oberoi has raised concerns about the disruption caused and requested that the MCD Corporation temporarily assume the standing committee’s functions.

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Senior Advocate Abhishek Manu Singhvi represented the Delhi government, while Additional Solicitor General Sanjay Jain represented the LG.