The AAP has called the Supreme Court decision a “jolt to popular government.” Sanjay Singh expressed, “We consciously oppose this idea with the administering.”
Supreme Court Grants LG Independent Specialist to Nominate MCD Representatives.
In a major legal setback for the Aam Aadmi Party (AAP) government, the Supreme Court ruled today that the Lieutenant Governor (LG) holds the authority to nominate aldermen to the Municipal Corporation of Delhi (MCD) without requiring the Delhi government’s help and exhortation. This ruling clarifies that the LG’s power to make these nominations is statutory, not executive. The decision marks a crucial development in the ongoing struggle between the Delhi government and the LG over administrative control in the capital.
Court Upholds Statutory Nature of LG’s Nomination Powers
The bench, comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, had previously reserved their judgment on this matter last year. Justice Narasimha provided a detailed explanation, highlighting that Section 3(3)(b) of the Delhi Municipal Corporation Act grants the LG the authority to nominate 10 individuals to the MCD. These nominees must be at least 25 years old and possess specialized knowledge or experience in municipal administration. Justice Narasimha emphasized that this power, established by the 1993 Delhi Municipal Corporation (DMC) Act, is not merely a formality but a legal obligation imposed by Parliament. This statutory power falls under the exceptions of Article 239 of the Indian Constitution, which outlines the governance framework for Union Territories.
AAP Criticizes Ruling as Undermining Elected Government
The AAP has strongly condemned the Supreme Court’s verdict, characterizing it as a “jolt to democracy.” Party MP Sanjay Singh criticized the ruling, arguing that it undermines the authority of the elected government and disproportionately strengthens the LG’s role in municipal governance. Singh contended that the decision disrupts the democratic process by sidelining the elected city government and concentrating power in the hands of the LG. The AAP is currently assessing the judgment and is expected to decide on its next course of action based on a thorough review of the implications.
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BJP Supports Decision as Affirmation of LG’s Legal Authority
In contrast, BJP MP Praveen Khandelwal has defended the Supreme Court’s decision, asserting that it validates the LG’s legal authority to appoint aldermen as prescribed by law. Khandelwal criticized the AAP for frequently making allegations and claimed that the court’s ruling reflects a rejection of the party’s political stance. According to Khandelwal, the decision affirms the correct legal interpretation of the LG’s powers and reinforces the legal framework established by Parliament.
Debate Over Longstanding Practices and Legal Justifications
The Supreme Court had previously expressed concerns that empowering the LG to nominate aldermen could potentially destabilize an elected civic body. Senior advocate Abhishek Singhvi, representing the Delhi government, argued that the practice of the LG nominating aldermen based on the city government’s advice has been a long-standing tradition for the past 30 years. Singhvi contended that this established practice should continue, given its historical precedent. On the other hand, Additional Solicitor General Sanjay Jain, representing the LG’s office, argued that the mere existence of a longstanding practice does not necessarily validate its correctness. Jain emphasized that legal authority should be interpreted based on statutory provisions rather than historical practices.
