Supreme Court delivers key verdict on AAP Government vs. Delhi L-G over MCD Aldermen nomination

On Monday, the Supreme Court affirmed the Lieutenant Governor's (L-G) authority to appoint ten aldermen to the Municipal Corporation of Delhi (MCD) without consulting the state cabinet. This decision is a setback for the Aam Aadmi Party (AAP)-led Delhi government.

Background and Court's decision

The Supreme Court bench, headed by Justice PS Narasimha, pronounced the verdict. The decision had been reserved since May 17 of the previous year. The court had previously expressed concerns that granting the L-G this power might destabilize the democratically elected MCD. The MCD consists of 250 elected and 10 nominated members.

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 finished with nine.

ALSO READ: Election Commission denounces 'False Campaign' targeting credibility of Lok Sabha Polls

ALSO READ: IMD issues Red Alert for Rajasthan, Madhya Pradesh, Gujarat, Goa, and Maharashtra

Arguments and reactions

Senior advocate Abhishek Singhvi argued that the nomination of aldermen should follow the aid and advice of the city government, a practice upheld for 30 years. However, Additional Solicitor General Sanjay Jain contended that this long-standing practice does not justify its correctness. He argued that the nominations to the MCD are directly handled by the L-G’s office, as the L-G is the administrator, and thus the concept of aid and advice does not apply in this situation.

Previously, the Supreme Court had warned that giving the L-G power to nominate aldermen could destabilize the elected Municipal Committees because aldermen have voting powers. The court questioned whether the nomination of specialized people in MCD was of such concern to the Centre.

The ruling reaffirms the L-G's unilateral authority in nominating aldermen, a decision that could impact the governance dynamics within the MCD.