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In a significant legal development, the Supreme Court of India has upheld the Lieutenant Governor’s (LG) authority to unilaterally appoint 10 aldermen to the Municipal Corporation of Delhi (MCD). This ruling, delivered on Monday, has major implications for the governance of the Delhi civic body and represents a setback for the Aam Aadmi Party (AAP) government.
The Supreme Court’s Decision
The Supreme Court’s bench, comprising Chief Justice of India (CJI) Dhananjaya Y. Chandrachud, Justice J.B. Pardiwala, and Justice P.S. Narasimha, examined the case involving the LG’s appointment powers under Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, as amended in 1993. The court affirmed that this section empowers the LG to appoint aldermen without requiring consultation with the state Cabinet. Justice Narasimha, reading out the judgment, described the appointment of aldermen as a “statutory duty” of the LG, not contingent upon the advice or approval of the state government.
Background of the Case
The controversy stems from a series of appointments made by the LG, following the AAP’s victory in the municipal elections of 2022. The LG appointed 10 aldermen, which led the Delhi government to challenge these appointments in the Supreme Court. The Delhi government argued that this action bypassed the elected government and violated legal precedents and statutory provisions.
The case, which began over 15 months ago, was resolved in May 2023, after a protracted legal process. At stake were core functions of Delhi’s administration, including essential services such as sanitation and waste management. The MCD’s handling of these services has faced criticism, particularly in light of recent incidents like the tragic deaths of civil services aspirants in Old Rajendra Nagar, which intensified scrutiny of the civic body.
Legal Arguments and Contentions
The Delhi government’s plea contended that the LG’s actions were unprecedented and undermined the elected government’s authority. The plea argued that since Article 239AA of the Constitution came into effect in 1991, such unilateral nominations by the LG had never occurred before. It also claimed that the only options available to the LG were to accept or refer the proposed names for nomination by the elected government, or to reject them and refer the matter to the President.
In contrast, the LG defended his actions by asserting that the appointment of aldermen was an independent power vested in the “administrator” under the DMC Act, 1956. The LG’s affidavit argued that the governance of the MCD, under Part IX-A of the Constitution, is distinct from the governance provisions of Article 239AA and the Government of National Capital Territory of Delhi (GNCTD) Act.
Implications of the Ruling
The Supreme Court’s ruling confirms that the LG’s power to appoint aldermen is a statutory duty and does not require consultation with the Delhi government. This decision has substantial implications for the administration of the MCD, particularly in light of ongoing issues with service delivery and governance.
The ruling also highlights a broader debate over the balance of power between Delhi’s elected government and the Lieutenant Governor. With the MCD’s standing committee yet to be constituted due to ongoing legal disputes, concerns have been raised about administrative paralysis and the effective functioning of the civic body. Mayor Shelly Oberoi has separately approached the Supreme Court, requesting temporary measures to address these concerns.
Looking Ahead
As the legal battle concludes, the focus now shifts to how the MCD will navigate its administrative challenges and address the criticisms of its service management. The ruling reinforces the LG’s authority in the appointment process but also underscores the need for effective governance and collaboration between Delhi’s various administrative bodies.
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