Delhi LG has power to nominate ‘aldermen’ in MCD: Supreme Court

The Supreme Court on Monday upheld the Delhi Lieutenant Governor’s decision to nominate 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD).

A bench of Chief Justice of India DY Chandrachud and Justices Narasimha, JB Pardiwala said that the LG is expected to act as per the statutory mandate and not as per the aid and advice of the Delhi government.

The verdict of the top court came on a plea from the Delhi government challenging the nominations of 10 ‘aldermen’ by the LG to the Municipal Corporation of Delhi. In May 2023, the apex court had reserved the judgment.

The AAP government had argued in the apex court that the nominations had been made in the ward committees of the MCD where the BJP was weak. Counsel appearing for the LG had contended that the “aid and advice” of the Delhi government was not necessary while exercising a statutory power that was specifically conferred on the Administrator.

After the AAP won the municipal elections, the LG appointed 10 ‘aldermen,’ which was opposed by the Delhi government. The petition of the Delhi government had sought the quashing of orders dated January 3 and 4, 2023, whereby the LG nominated 10 persons as nominated members of the MCD.

This is the first time since Article 239AA came into effect in 1991 that such a nomination has been made by the LG completely bypassing the elected government, thereby arrogating to an unelected office a power that belongs to the duly elected government, the Arvind Kejriwal-led Delhi government had said.

It had sought direction “to nominate members to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, in accordance with the aid and advice of the Council of Ministers.