Supreme Court Blow to AAP: L-G’s Power to Appoint Delhi Aldermen Upheld

In a significant ruling, the Supreme Court upheld the Lieutenant Governor’s authority to appoint ten aldermen to the Municipal Corporation of Delhi (MCD) without consulting the Delhi state cabinet. This decision, delivered by Justice PS Narasimha and backed by a bench led by Chief Justice Dhananjaya Y Chandrachud and Justice JB Pardiwala, marks a setback for the Aam Aadmi Party (AAP) government. The court clarified that the appointment of aldermen is a “statutory duty” of the L-G, as per the amended Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, 1993, and does not require the cabinet’s aid and advice.

The court had previously expressed concerns that granting this power to the L-G could destabilize the democratically elected MCD, noting that the nominated aldermen also have voting rights. In the 2022 civic elections, AAP won 134 of the 250 seats, ousting the Bharatiya Janata Party (BJP) from its 15-year rule, while the BJP secured 104 seats, and Congress won nine.

Senior advocate Abhishek Singhvi argued for the traditional practice of seeking the city government’s advice in nominating aldermen, a practice in place for three decades. However, additional solicitor general Sanjay Jain countered that longevity does not equate to correctness. The Supreme Court’s decision affirms the L-G’s independent authority in this matter, reinforcing the statutory framework governing Delhi’s municipal governance.