Today(on 5th August), The Supreme Court of India is set to rule on the AAP-led Delhi government’s plea against the LG’s nomination of aldermen to the MCD without consulting the council of ministers. The decision will impact the balance of power between elected representatives and appointed officials in Delhi’s governance.
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NEW DELHI: Today(on 5th August), the Supreme Court of India will deliver its verdict on a plea filed by the Aam Aadmi Party (AAP)-led Delhi government. The plea challenges the decision of the Lieutenant Governor (LG) to nominate aldermen to the Municipal Corporation of Delhi (MCD) without consulting the council of ministers. This case has significant implications for the balance of power between elected representatives and appointed officials in the governance of Delhi.
A bench consisting of Chief Justice DY Chandrachud, Justices PS Narasimha, and JB Pardiwala reserved its judgment on May 17 of last year.
According to the Supreme Court’s official website, a bench led by Justice PS Narasimha will pronounce the verdict.
Background of the Case
On May 17 of the previous year, the Supreme Court highlighted the potential for the LG’s power to nominate aldermen to disrupt the functioning of an elected civic body. The Municipal Corporation of Delhi consists of 250 elected and 10 nominated members.
“Granting the lieutenant governor the authority to nominate aldermen to the Municipal Corporation of Delhi (MCD) could enable him to undermine the stability of an elected civic body.”
-observed the court.
In the December 2022 civic elections, the Aam Aadmi Party (AAP) emerged victorious, securing 134 wards and ending the Bharatiya Janata Party’s (BJP) 15-year reign over the MCD. The BJP won 104 seats, while the Congress finished a distant third with nine seats.
The Supreme Court previously questioned whether the nomination of specialists to the MCD was of such significant concern to the central government.
“Is the nomination of specialized individuals to the MCD such a significant concern for the Centre? In reality, granting this power to the LG would allow him to undermine the democratically elected Municipal Committees, as these aldermen would also possess voting rights.”
-stated the court.
Senior advocate Abhishek Singhvi, representing the Delhi government, argued that historically, the practice has been for the LG to nominate aldermen based on the aid and advice of the city government. He emphasized-
“For the past 30 years, the LG has followed the practice of nominating aldermen based on the aid and advice of the city government.”
Contrasting this, then Additional Solicitor General Sanjay Jain, representing the LG’s office, argued that long-standing practices do not necessarily equate to correctness.
“Simply because a practice has been followed for 30 years does not make it right.”
– he contended.
The bench noted that granting the LG such power could destabilize a democratically-elected MCD since aldermen participate in standing committees and possess voting rights.
The Supreme Court delved into the constitutional foundation for the LG’s authority to nominate aldermen without the elected government’s aid and advice. The Additional Solicitor General referenced the constitutional framework to argue that the concept of ‘aid and advice’ differs from what the Delhi government presented.
He stated-
“The file regarding nominations to the MCD goes directly to the LG’s office since he is the administrator, and the principle of aid and advice does not apply in this instance.”
In contrast, Singhvi cited a 2018 constitution bench judgment and a recent verdict on control over services to argue that the LG should act according to the aid and advice of the government.
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He maintained-
“The LG is required to act according to the government’s aid and advice. The senior lawyer argued that the LG should have withdrawn the nominations by now.”
The AAP government, through lawyer Shadan Farasat, filed a plea seeking to annul the nominations and directed the LG’s office to nominate members to the MCD under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act in line with the aid and advice of the Council of Ministers.
The verdict on this case will have profound implications for the democratic governance of Delhi and the balance of power between elected officials and the Lieutenant Governor. It will set a precedent for how constitutional provisions regarding the LG’s role are interpreted in the context of municipal governance.
