In A Setback For AAP, SC Upholds Delhi L-G's Power To Appoint Aldermen To MCD

In a huge setback for the Aam Aadmi Party (AAP) government, the Supreme Court has ruled that the Lieutenant Governor (LG) can nominate aldermen to the Municipal Corporation of Delhi (MCD) without needing the aid and advice of the Delhi government.

The court clarified that the LG's authority to nominate members to the civic body is a statutory power, not an executive one.

The bench, consisting of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, had reserved its verdict in this matter last year.

Justice Narasimha, who delivered the judgment, explained that Section 3(3)(b) of the Delhi Municipal Corporation Act allows the LG to nominate 10 individuals, who are at least 25 years old and possess special knowledge or experience in municipal administration.

Addressing concerns, Justice Narasimha stated, "It is incorrect to suggest that power in Delhi LG was a semantic lottery. It is the law made by the parliament, it satisfies the discretion exercised by LG since law requires him to do so and falls under exception of Article 239. It was the 1993 DMC Act which first vested the power to nominate on LG and it is not a relic of the past."

He further highlighted that a five-judge bench of the Supreme Court had previously ruled that Parliament has the authority to legislate on the state and concurrent lists for Delhi.

"As Parliament has conferred power on LG to nominate 10 aldermen, AAP government cannot quarrel with that," Justice Narasimha remarked.