SC rules LG doesn’t need Delhi ministers’ assistance to nominate MCD aldermen

The Delhi government argued that LG VK Saxena must appoint MCD aldermen to the Municipal Corporation of Delhi (MCD) based on the assistance and advice from the Council of Ministers. However, the Supreme Court of India dismissed this argument on Monday. The Court’s decision reinforces the constitutional authority of the Lieutenant Governor (LG) in the appointment process, highlighting the ongoing tension between Delhi’s local governance and the central authority.

The role of MCD aldermen is significant in the functioning of the Municipal Corporation, as they contribute to various administrative and legislative functions within the corporation. The Delhi government’s push for the LG to act on the advice of the Council of Ministers reflects a broader debate over the balance of power between local and central authorities in Delhi’s administration.

Delhi Government’s Argument on MCD Aldermen Appointment

The Delhi government argued that the LG must nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) on the assistance and advice of the Council of Ministers. However, a bench consisting of Chief Justice of India (CJI) D Y Chandrachud, Justices P S Narasimha and J B Pardiwala rejected this argument.

Following an almost 15-month wait, the Delhi government’s case was heard by the Supreme Court. The previous year on May 17, the court had noted that giving the LG the power to designate aldermen to the MCD may jeopardize the integrity of an elected local government.

“Will decide the future course of action after reading order,” the AAP stated in response to the SC ruling.

There are ten nominated members and 250 elected members that make up the Municipal Corporation of Delhi. In the December 2022 MCD elections, the AAP secured 134 seats, while the BJP secured 104 and the Congress secured nine, ending the BJP’s fifteen-year domination.

Prior to this, the highest court had inquired whether the LG’s “source of power” under the Constitution and the legislation to designate aldermen to the MCD without consulting the elected government or seeking its advice.

In order to argue that the definition of “aid and advice” in relation to the administrator’s authority to designate members of the Municipal Corporation of Delhi differs from what the Delhi government has projected here, the ASG had cited the response submitted by the LG’s office as well as the constitutional layout.

Since he is the administrator, he had maintained that the idea of help and advice does not apply in this instance and that the paperwork dealing to nominations to the MCD should go immediately to his office.

Singhvi had referred to the 2018 constitution bench judgement of the apex court and its recent verdict on control over services to claim the LG has to act as per the aid and advice of the government. The senior lawyer contended the LG should have taken back the nominations by now.

“There are 12 zones, 12 ward committees, and aldermen can be appointed to any committee…for the first time in the last 30 years, the LG has directly appointed members in the MCD, and earlier, it was always based on aid and advice (of the government),” Singhvi said in this argument.

When the Delhi government’s council of ministers nominated ten aldermen to the MCD on May 12, of last year, the top court noted that LG was had to follow their “aid and advice”.

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