Supreme Court Rules Delhi LG Can Appoint Aldermen Independently of Delhi Government’s Advice
Court Upholds LG’s Authority:
The Supreme Court has affirmed that the Delhi Lieutenant Governor (LG) is not obligated to follow the Delhi government’s cabinet advice when appointing aldermen to the Municipal Corporation of Delhi (MCD). This ruling was delivered in the case [Government of NCT of Delhi vs Office of Lieutenant Governor of Delhi] on Monday.
Legal Basis for LG’s Powers:
A Bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha upheld the LG’s authority to appoint ten aldermen without the cabinet’s advice. The Court cited the Delhi Municipal Corporation Act of 1993, which grants the LG this power, independent of the Delhi government’s advice.
The Court clarified that the LG’s powers in this regard are derived from statutory provisions and not from the aid and advice of the Delhi government’s council of ministers. “The 1993 Delhi Municipal Corporation Act vested the power to nominate aldermen in the LG, reflecting the statutory distribution of powers,” the Court stated. The judgment underscores that the LG must act according to the statute, not based on the council of ministers’ advice.
Significance of the Verdict:
The decision is noteworthy as it was made amidst criticisms of the Delhi civic body’s management of city infrastructure, including issues like waterlogging that have reportedly caused fatalities. The petition filed by the Aam Aadmi Party-led Delhi government argued that this was the first instance since Article 239AA of the Constitution was enacted in 1991 that the LG made such appointments without consulting the elected government.
The Delhi government had contended that the LG had only two options: accept the recommended names from the elected government or refer the matter to the President if he disagreed. The government’s petition highlighted concerns about potential destabilization of democratic processes within the MCD.
Impact on MCD Operations:
The ruling has had immediate implications, notably delaying the formation of the MCD’s standing committee, which includes the ten appointed aldermen. MCD Mayor Shelly Oberoi expressed concerns that the functioning of the civic body had been impeded, and urged the Court to allow the MCD Corporation to operate in place of the standing committee temporarily.
Legal Representation:
Senior Advocate Abhishek Manu Singhvi, along with Advocates Shadan Farasat, Shourya Dasgupta, Hrishika Jain, and Natasha Maheshwari, represented the Delhi government. Additional Solicitor General Sanjay Jain appeared for the Delhi LG.
The Supreme Court’s judgment clarifies the division of powers and has significant implications for the administrative dynamics between the Delhi LG and the Delhi government.
(With inputs from agency)
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