Today, 29th July, Supreme Court announced, the Court may soon deliver a verdict on the Delhi government’s plea challenging the Lieutenant Governor’s authority to nominate aldermen to the Municipal Corporation of Delhi (MCD).
New Delhi: The Supreme Court announced on Monday that it might issue its decision this week on a plea from the Delhi government. The plea challenges the lieutenant governor’s authority to nominate aldermen to the Municipal Corporation of Delhi (MCD).
On May 17 of the previous year, the court reserved judgment on this plea, which contests LG V K Saxena‘s decision to nominate members without the council of ministers’ aid and advice.
A bench, which includes Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, made this statement while hearing another petition from MCD mayor Shelly Oberoi. Mayor Oberoi seeking permission for the civic body to exercise the functions of the standing committee.
Chief Justice Chandrachud told senior advocate Abhishek Singhvi,
“Singhvi, please wait till Friday, the judgement may be pronounced. We will keep it on Monday,”
The mayor’s fresh plea emphasizes that the standing committee of the civic body performs crucial functions. Any decision involving an expenditure of Rs.5 crore, including the mid-day meal scheme for school children, must pass through this committee.
The Supreme Court indicated it might announce its verdict this week on a plea by the Delhi government, which disputes the lieutenant governor’s power to nominate aldermen to the Municipal Corporation of Delhi (MCD). The court reserved judgment on this plea on May 17 last year, which challenges LG V K Saxena‘s decision to appoint members without consulting the council of ministers.
The plea highlights that the standing committee of the MCD, which includes 18 members, is currently non-functional. Six members directly elected by the civic body, while the remaining 12 are elected by an electoral college that includes 10 nominated aldermen by the LG. An earlier petition on this issue remains pending.
The Aam Aadmi Party-led Delhi government previously filed a petition challenging the LG’s power to nominate aldermen without the council of ministers’ advice. The bench, while reserving its judgement, noted that granting such power to the lieutenant governor could potentially destabilize an elected civic body.
The Supreme Court expected to deliver its verdict this week on a plea from the Delhi government, challenging the lieutenant governor’s authority to nominate aldermen to the Municipal Corporation of Delhi (MCD). Last May, the court reserved its judgment on this plea, which contests LG V K Saxena‘s decision to nominate members without consulting the council of ministers.
The MCD includes 250 elected members and 10 nominated members. In December 2022, the Aam Aadmi Party (AAP) ended the BJP’s 15-year control of the MCD by winning 134 wards, while the BJP secured 104 seats, and Congress finished third with nine seats.
Singhvi, representing the Delhi government, argued that for the past 30 years, the LG has nominated aldermen based on the aid and advice of the city government, stating,
“LG never appoints aldermen in his own right.”
He added that such nominations are made by the President but with the aid and advice of the Union government.
A five-judge constitution bench in 2023 ruled that the Delhi government has legislative and executive powers over all but three services public order, police, and land significantly limiting the Centre’s control over the daily administration of the national capital.
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