Delhi LG nominating aldermen bypassing state could destabilise elected MCD: Supreme Court

The Supreme Court of India on Wednesday ruled that if the Lieutenant governor of national capital Delhi is given the power to nominate aldermen in the Municipal Corporation of Delhi (MCD), it would in turn mean that he can destabilise an elected civic body.

The apex court reserved its verdict in a plea by the Aam Aadmi Party-led Delhi government against the appointment of ten aldermen by the Lieutenant Governor (LG) of Delhi, Vinai Kumar Saxena, to the Municipal Corporation of Delhi (MCD). 

The AAP said that the aldermen were nominated without the aid and advice of the Delhi government's cabinet.

"By giving this power to the LG, he can effectively destabilise the democratically elected Municipal committee. They have voting power also," CJI DY Chandrachud remarked.

The petition by Delhi government claimed that this was the first time since Article 239AA of the Constitution came into effect in 1991 that such a nomination has been made by the LG, while completely bypassing the elected government.

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala made this observation while reserving its verdict on plea of the Delhi government challenging the LG’s power to nominate aldermen in the MCD.

"Is the nomination of 12 specialised people in MCD is of that much concern to the Centre? Actually, giving this power to the LG would effectively mean that he can destabilise the democratically elected Municipal Committees because they (aldermen) will have voting powers also", the bench observed.

On Tuesday, the top court had asked about the "source of power" of the LG under the Constitution and the law to nominate aldermen to the MCD without the aid and advice of the elected government.

It was hearing a petition filed by the AAP government challenging the nominations by the LG to the MCD.

The Supreme Court had in February made it clear that aldermen cannot vote in mayoral polls of the corporation.