Arvind Kejriwal’s Aam Aadmi Party (AAP) faced another setback as the Supreme Court on Monday upheld the Delhi Lieutenant Governor’s decision to nominate 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD).
This ruling clears the way for forming the Standing Committee in the MCD, which has been absent since the AAP took power. Following the Supreme Court’s order, Sardar Raja Iqbal Singh, the leader of the opposition in the MCD, stated, “Considering the interests of the citizens, the Aam Aadmi Party’s Mayor should issue a notification for the elections of the Standing Committee and Ward Committees as soon as possible.”
A bench comprising Chief Justice of India DY Chandrachud and Justices Narasimha and JB Pardiwala stated that the Lieutenant Governor (LG) is expected to act according to the statutory mandate, rather than based on the aid and advice of the Delhi government. The top court, in its judgement, declared, “The Delhi LG is to act as per the mandate of the statute, not on the advice of the council of ministers.”
The Supreme Court’s verdict came in response to a plea from the Delhi government challenging the nomination of 10 ‘aldermen’ by the Lieutenant Governor (LG) to the Municipal Corporation of Delhi. In May 2023, the apex court had reserved its judgement on the matter. The AAP government argued that the nominations were made in MCD ward committees where the BJP had a weaker presence. The counsel representing the LG contended that the “aid and advice” of the Delhi government were not required when exercising a statutory power explicitly conferred on the Administrator. After AAP won the municipal elections, the Lieutenant Governor appointed 10 ‘aldermen,’ a move opposed by the Delhi government. The Delhi government’s petition sought to quash the orders dated January 3 and 4, 2023, through which the LG nominated 10 individuals as members of the MCD. The plea argued that the Lieutenant Governor had “illegally” appointed these 10 members on his own initiative, without the aid and advice of the Council of Ministers. The Delhi government noted that this was the first time since Article 239AA came into effect in 1991 that such a nomination was made by the LG, bypassing the elected government and thus assuming a power that rightfully belongs to the duly elected government.
Sanjay Singh, a senior leader of the Aam Aadmi Party and a Rajya Sabha MP, told the media, “I believe this decision is a significant blow to the country’s democracy. By bypassing the elected government, all the powers will be given to the LG. This is not good for democracy and the Constitution of India. With due respect, we completely disagree with this decision.” He added, “This decision is entirely against the spirit of democracy and contradicts the court’s comments during the hearing. After reading the full order, we will determine our next steps.”
Meanwhile, Congress leader Sandeep Dikshit criticised AAP, stating that the Supreme Court had followed the law and confirmed that the authority to appoint the aldermen rests with the Lieutenant Governor (LG). He also remarked that AAP has consistently clashed with the LG and should have understood the laws before submitting the names of the 10 aldermen.
“The Supreme Court looked at the law and clarified that the right to appoint the aldermen lies with the LG. You’ve always fought with the LG, and you should have read the law before sending the names of the aldermen. This shows that either you are uninformed or deceitful. It’s clear that you’re lying and manipulating the legal system,” Dikshit stated.
Sardar Raja Iqbal Singh, the leader of the opposition in the MCD, told the Daily Guardian that following the Supreme Court’s order, the Aam Aadmi Party should quickly hold elections for the Standing Committee and Ward Committees. This would allow stalled development projects to resume and enable citizens to access the services of the Delhi Municipal Corporation. He emphasised that the Standing Committee is a crucial component of the corporation, and its absence has halted all development work. Singh added that, considering the interests of the citizens, the Aam Aadmi Party’s mayor should promptly issue a notification for these elections.
