SC upholds LG’s authority in unilateral appointment of MCD aldermen
The court held that the appointment of aldermen was a “statutory duty” cast on the LG, and in the performance of this duty, the LG was not bound by aid and advice by the state Cabinet
The Supreme Court on Monday affirmed the lieutenant governor (LG)’s unilateral appointment of 10 aldermen to the Municipal Corporation of Delhi (MCD) without consulting the state Cabinet, dealing a blow to the Aam Aadmi Party (AAP) government.
A bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justices JB Pardiwala and PS Narasimha said Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, as amended in 1993, empowered the LG to appoint the aldermen. It added that this authority with the administrator of Delhi was neither a “relic of the past” nor an overreach of the constitutional authority.
Reading out the operative part of the judgment, Justice Narasimha held that the appointment of aldermen was a “statutory duty” cast on the LG, and in the performance of this duty, the LG was not bound by aid and advice by the state Cabinet.
The verdict followed a protracted legal process that began over 15 months ago, with the court concluding its hearings on the matter in May 2023. At stake in this judicial battle are the core functions of the city’s administration, including the upkeep of roads and work on sanitation and waste management — areas where the Capital is still playing catch-up with other global megapolises.
The judgment is particularly significant as it came amid 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 civil services aspirants in the basement of a coaching centre in Old Rajendra Nagar, intensifying scrutiny of the MCD’s operations. The investigation in the case was handed over to the Central Bureau of Investigation by the Delhi high court on August 2.
After the AAP won the municipal elections in 2022, LG appointed 10 aldermen. The Delhi government moved the Supreme Court seeking the quashing of LG’s orders in this regard.
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.
During the proceedings last year, the Delhi government submitted to the court that LG VK Saxena nominated members of the Bharatiya Janata Party (BJP) as aldermen without consulting the state government. This action, it said, was contrary to the law and past judgments of the Supreme Court.
The Delhi government’s plea said it was the first time since Article 239AA came into effect in 1991 that such a nomination was made completely by-passing the elected government, thereby “arrogating to an unelected office a power that belongs to the duly elected government.” It added the only two courses of action open to the LG were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President.
“It was not open to him to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed,” the plea said. The plea sought a direction to nominate members to MCD in accordance with the aid and advice of the council of ministers to LG.
The LG submitted that appointing aldermen is an independent power available to the “administrator” under the Delhi Municipal Corporation (DMC) Act, and that the aid and advice of the government is not necessary to discharge this duty.
Defending his actions, Saxena’s affidavit filed in May 2023 said that the governance of MCD drew its existence from Part IX-A of the Constitution (inserted in 1993), which provides for municipalities, and has nothing to do with Article 239AA of the Constitution and the Government of National Capital Territory of Delhi (GNCTD) Act, which deals with governance of elected government of Delhi.
“MCD is an institution of self-government and the role of the Administrator (LG) within the meaning of the Delhi Municipal Corporation (DMC) Act, 1956 is not a mirror image of what is provided either under Article 239AA or under the GNCTD Act,” the affidavit said.
During the hearings in May 2023, the Supreme Court expressed concerns about the potential destabilisation of the MCD’s democratic processes due to LG’s actions. The court reserved its verdict in May 2023.
The standing committee of the MCD, which includes the 10 aldermen, has been unable to be constituted due to the ongoing legal proceedings. Mayor Shelly Oberoi also approached the Supreme Court separately, voicing concerns about the administrative paralysis caused by the proceedings. She urged the court to permit MCD to temporarily fulfil the standing committee’s responsibilities.