Supreme Court Ruling on Delhi L-G’s Power to Appoint Aldermen to MCD
Setback for AAP: The Supreme Court has upheld the Lieutenant Governor’s power to appoint aldermen to the Municipal Corporation of Delhi (MCD) without consulting the state cabinet, delivering a setback to the Aam Aadmi Party (AAP)-led Delhi government .
Statutory Duty: Justice PS Narasimha stated that the appointment of aldermen is a “statutory duty” of the LG, who is not bound by the state cabinet’s aid and advice in this matter .
Section 3(3)(b)(i) of the DMC Act: The bench clarified that Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, amended in 1993, empowers the LG to appoint aldermen .
MCD Composition: The MCD has 250 elected and 10 nominated members .
Previous Warning: The Supreme Court had previously warned that granting the L-G power to nominate aldermen might destabilise the democratically elected MCD .
AAP’s Argument: Senior advocate Abhishek Singhvi argued that nominating aldermen should follow the aid and advice of the city government, “a practice upheld for 30 years” .
– LG’s Argument: Additional solicitor general Sanjay Jain contended that this long-standing practice does not justify its correctness .
