Supreme Court Supports Delhi LG’s Nomination of 10 Aldermen to MCD, AAP Faces Setback
New Delhi, August 5: The Supreme Court of India has upheld the decision of the Delhi Lieutenant Governor (LG) to nominate 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD), marking a setback for the Aam Aadmi Party (AAP). A bench led by Chief Justice of India DY Chandrachud, along with Justices Narasimha and JB Pardiwala, stated that the LG is expected to act according to the statutory mandate, not based on the advice of the Delhi government.
The court emphasized that since the power to nominate aldermen is statutory and not executive, the LG must follow the statutory mandate. The verdict came in response to a plea from the Delhi government challenging the LG’s nominations. The AAP government argued that the nominations were made in MCD ward committees where the BJP was weak.
The LG’s counsel argued that the ‘aid and advice’ of the Delhi government was not required for this statutory power. After AAP won the municipal elections, the LG appointed 10 aldermen, which the Delhi government opposed. The Delhi government sought to quash the LG’s order from January 3 and 4, 2023, claiming the LG acted without the council’s advice.
This is the first instance since Article 239AA’s implementation in 1991 where the LG made such nominations without the elected government’s input. The AAP government, led by Arvind Kejriwal, argued that the LG should act on the council’s advice under the Delhi Municipal Corporation Act, 1957. They claimed the LG had no discretionary authority to make these nominations and should have either accepted the council’s recommendations or referred the matter to the President.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and rules in the country.
Delhi LG -: The Delhi LG, or Lieutenant Governor, is a special official who helps govern Delhi. The LG has certain powers and responsibilities in the city.
Aldermen -: Aldermen are special members of a city council. They help make decisions about how the city is run.
MCD -: MCD stands for Municipal Corporation of Delhi. It is the organization that takes care of local services like roads, schools, and parks in Delhi.
AAP -: AAP, or Aam Aadmi Party, is a political party in India. It was started to fight against corruption and to help common people.
Setback -: A setback is a problem or difficulty that stops progress. In this case, it means AAP faced a problem because of the court’s decision.
Statutory mandates -: Statutory mandates are rules or laws that must be followed. The court said the LG must follow these rules, not just listen to the Delhi government.
BJP -: BJP, or Bharatiya Janata Party, is another major political party in India. It is different from AAP and has its own ideas and leaders.
Ward committees -: Ward committees are small groups that manage different parts of a city. They help make decisions for their local areas.