A bench comprising Chief Justice of India DY Chandrachud and Justices Narsimha and JB Paridwala stated that the LG must act according to the statutory mandate, independent of the Delhi Government’s aid and advice.
New Delhi [India] : On August 5: Aam Aadmi Party’s Sanjay Singh on Monday criticized the Supreme Court’s decision to affirm the Delhi Lieutenant Governor’s (LG) authority to nominate 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD).
A bench comprising Chief Justice of India DY Chandrachud and Justices Narsimha and JB Paridwala stated that the LG must act according to the statutory mandate, independent of the Delhi Government’s aid and advice.
Sanjay Singh expressed his disapproval, stating,
“This decision is a significant blow to the country’s democracy, as it bypasses the elected government and grants all powers to the LG. This is detrimental to the principles of democracy and the Constitution of India. With all due respect, we completely disagree with this decision.”
Singh further argued that the ruling contradicts the spirit of democracy and the court’s own comments during the hearing.
He added,
“This decision is entirely against the spirit of democracy and contradicts the court’s comments during the hearing. We will review the full order before determining our next steps.”
In contrast, Congress leader Sandeep Dikshit criticized AAP and supported the Supreme Court’s ruling, asserting that the law clearly grants the LG the authority to appoint aldermen.
He remarked,
“The SC examined the law and clarified that the LG has the right to appoint aldermen. AAP has always been in conflict with the LG, and they should have understood the laws before proposing the names of the 10 aldermen. This indicates either ignorance or deceit on their part. They are evidently lying and manipulating the legal system.”
Dikshit also commented that the Supreme Court’s judgment was a significant reprimand for AAP, adding,
“The Supreme Court has rebuked AAP with this judgment. It raises questions about their honesty in other matters as well. Unfortunately, the party, which originated from a movement, has been a disappointment for Delhi and the country. If they were dissatisfied with the judgment, why did they approach the court?”
He concluded by suggesting that Sanjay Singh should have exercised common sense and read the law beforehand.
“Sanjay Singh should have used some common sense and familiarized himself with the law earlier. They have lied so frequently that they can no longer distinguish between truth and falsehood,”
Dikshit said.
A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and PS Narasimha ruled that the Delhi Lieutenant Governor (LG) is not obligated to follow the aid and advice of the Delhi government’s cabinet when appointing aldermen, as his authority is derived from the Delhi Municipal Corporation Act.
“The 1993 Delhi Municipal Corporation Act first vested the power to nominate in the LG. The power expressed by the statute on the LG shows the statutory schemes in which power is distributed. The Delhi LG is expected to act as per the mandate of the statute and not the aid and advice of the council of ministers,”
the Court held.
The law requires him to do so, and it is covered by the exception to Article 239, which empowers the President to administer Union Territories.
“It is the law made by the parliament, it satisfies the discretion exercised by the LG since law requires him to do so and falls under exception of Article 239,” the Court held.
Article 239 (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
