The recent ruling by the Supreme Court of India has confirmed that the Lieutenant Governor (L-G) is empowered to appoint aldermen for the Municipal Corporation of Delhi (MCD) all by himself, not involving the state cabinet. This has been a big blow to the Aam Aadmi Party (AAP) that runs the Delhi government. This verdict was handed down by a bench comprising justices PS Narasimha and JB Pardiwala besides Chief Justice DY Chandrachud thereby ending a long-standing dispute concerning MCD’s administration and appointment processes.
Section 3(3)(b)(i) of the Delhi Municipal Corporation (DMC) Act, modified in 1993, was the key to the court’s decision. The bench concluded that the L-G’s authority to name an alderman is statutory rather than executive in nature, necessitating the Council of Ministers’ assistance and advice. This view is consistent with the legislation passed by Parliament, which strengthens the L-G’s independent power in this regard.
The decision is the culmination of a protracted legal dispute that started when L-G VK Saxena, acting without first consulting the AAP-led state government, named ten aldermen to the MCD in January 2023. The AAP government argued that these appointments, which included members affiliated with the Bharatiya Janata Party (BJP), were made in contravention of past Supreme Court judgments and established norms requiring the L-G to act on the advice of the elected government.
Chief Justice Chandrachud clarified that the L-G’s appointment power is neither a “relic of the past” nor an overreach of constitutional authority, but rather a function derived from a legitimate statutory framework. It is projected that this judgment would promptly terminate the impasse regarding the composition of MCD’s Standing Committee, which had been postponed because of the current conflict.
Abhishek Singhvi, the senior lawyer who is defending the territory’s government, said that the L-G should abide by the recommendations from the council as indicated by a constitution bench ruling in 2018. However, the Supreme Court’s latest verdict has dismissed this argument, solidifying the L-G’s independent authority in the judgment of aldermen. The AAP has described the verdict as a “jolt to democracy” and has indicated plans to review and possibly challenge the decision.
