In a landmark decision, the Supreme Court upheld the Lieutenant Governor (LG)’s authority to unilaterally appoint 10 aldermen to the Municipal Corporation of Delhi (MCD), a move that has significantly undercut the Aam Aadmi Party (AAP) government’s influence in the city’s administration. This ruling, delivered by a bench led by Chief Justice Dhananjaya Y. Chandrachud, with Justices JB Pardiwala and PS Narasimha, comes after a protracted legal battle that has seen various twists over the past 15 months.
The Court clarified that under Section 3(3)(b)(i) of the amended Delhi Municipal Corporation (DMC) Act of 1993, the LG possesses the statutory duty to appoint aldermen without the need for the state Cabinet’s advice. Justice Narasimha, reading the operative part of the judgment, emphasized that this authority is not merely a carryover from colonial times but a constitutional provision intended to ensure effective governance.
The ruling follows a contentious period marked by severe criticisms of the MCD’s handling of essential civic services, especially highlighted by the tragic incident at Old Rajendra Nagar where three civil services aspirants drowned due to inadequate stormwater management. The Delhi High Court had escalated the matter to the Central Bureau of Investigation (CBI), intensifying scrutiny of the MCD’s performance under the AAP’s watch.
The controversy began after the AAP’s victory in the 2022 municipal elections when the LG appointed the 10 aldermen. The Delhi government swiftly moved the Supreme Court, arguing that this action bypassed the elected government and violated both the law and past Supreme Court judgments. They contended that the LG should either accept names recommended by the elected government or refer the matter to the President if in disagreement—options the LG sidestepped by making the appointments independently.
In its defense, the LG, through an affidavit, argued that the governance of the MCD, as per the Constitution’s Part IX-A and the DMC Act of 1956, operates independently of the elected government’s structures outlined in Article 239AA and the Government of National Capital Territory of Delhi (GNCTD) Act.
