SC to deliver verdict on aldermen appointment to MCD on Monday

The judgment will be pronounced by justice PS Narasimha, alongside the Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice JB Pardiwala

The Supreme Court is set to deliver its judgment on Monday on a petition by the Aam Aadmi Party (AAP)-led Delhi government challenging the lieutenant governor’s appointment of ten aldermen to the Municipal Corporation of Delhi (MCD) without consulting the state cabinet.

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The judgment will be pronounced by justice PS Narasimha, alongside the Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice JB Pardiwala. The verdict follows a protracted legal process that began over 15 months ago, with the court concluding its hearings on the matter in May 2023.

The judgment is particularly significant as it would come amidst severe criticism of the Delhi civic body’s handling of essential services, notably its management of city drains and stormwater systems. The inadequate management has been linked to the tragic deaths due to the drowning of three IAS aspirants in the basement of a coaching centre in Old Rajendra Nagar, further intensifying scrutiny of the MCD’s operations. The investigation in the case was handed over to the Central Bureau of Investigation (CBI) by the Delhi high court on August 2.

After the AAP won the municipal elections in 2022, the LG appointed ten aldermen. The petition of the Delhi government seeks the quashing of the orders dated January 3 and 4 whereby the LG nominated these ten people to the MCD.

The nomination of aldermen is made under Section 3(3)(b)(i) of the DMC Act. A total of up to 10 people — who are 25 years of age and have special knowledge or experience in municipal administration — can be nominated to the corporation.

The Delhi government’s petition argued that the LG’s unilateral nomination of aldermen represents an unprecedented deviation from constitutional norms since Article 239AA of the Constitution was enacted in 1991. The petition contends that the only permissible actions for the LG were to either accept the names proposed by the elected government or, if in disagreement, refer the matter to the President.

The LG, however, submitted that appointing aldermen is an independent power available to the “administrator” (LG) under the Delhi Municipal Corporation (DMC) Act, and that the aid and advice of the Delhi government is not necessary to discharge this duty.