Delhi LG VK Saxena (ANI)
New Delhi: In a significant decision, the Supreme Court on Monday declared that the Delhi Lieutenant Governor (LG) has the authority to nominate aldermen to the Municipal Corporation of Delhi (MCD) without the need for consultation with the council of ministers. This ruling resolves a 20-month-long deadlock between the Aam Aadmi Party (AAP) and the LG over these appointments.
The bench, comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, pointed to the 1993 amendment to the MCD Act which empowered the LG to nominate aldermen. This clarification effectively ends the prolonged dispute that had seen the AAP contest the LG’s unilateral nominations.
Last year, the AAP filed a petition challenging the appointments of 10 aldermen made by the LG, arguing that such appointments should only be made with the aid and advice of the council of ministers. Represented by senior advocate Abhishek Manu Singhvi, the Delhi government contended that this was the first instance in three decades where the LG appointed members directly, bypassing the government’s advice.
The Supreme Court's decision underscores the LG's independent authority in this matter, marking a setback for AAP, which had claimed a significant victory in the December 2022 MCD elections by winning 134 of the 250 seats. The BJP secured 104 seats while Congress won 9 seats. The ongoing tussle between the Delhi government and the LG had also stalled the constitution of the MCD’s standing committee.
This judgment is expected to streamline the functioning of the MCD, enabling the LG to proceed with the nominations and helping to stabilize the administrative framework of Delhi’s municipal governance. The court's intervention highlights the importance of clear legislative guidelines and the autonomy granted to the LG under the amended MCD Act.
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