SC Reserves Verdict on LG’s Power to Nominate Aldermen, Raises Concerns of Destabilization

New Delhi: The Supreme Court is considering the power of the lieutenant governor to nominate aldermen to the Municipal Corporation of Delhi. The court expressed concern that this power could destabilize the elected civic body. The Municipal Corporation has 250 elected and 10 nominated members. The Delhi government has challenged the LG’s authority to nominate aldermen.

The bench, comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala, is reviewing the arguments and will pass an order on the plea. The court has questioned the source of the LG’s power to nominate aldermen without the aid and advice of the elected government.

Additional Solicitor General Sanjay Jain, representing the LG’s office, argued that the powers and governance mechanism for Delhi are outlined in the 69th Amendment Act of 1991 and the GNCTD Act. He emphasized that the LG’s role in the Municipal Corporation is distinct from that of an administrator acting on the aid and advice of the Council of Ministers.

Senior advocate Abhishek Singhvi, representing the Delhi government, countered Jain’s argument, stating that the state government does not possess separate powers to nominate individuals to the Municipal Corporation. Singhvi pointed out that the practice of the LG nominating aldermen based on the aid and advice of the city government has been followed for the past 30 years.

The bench raised concerns about the impact of giving the LG the power to nominate aldermen, as it could potentially destabilize a democratically elected MCD. Jain argued that the nominated aldermen have limited power, but Singhvi contested this claim, highlighting their roles in ward committees and voting power.

Both Singhvi and Jain have been instructed to submit their written submissions within two days, and the court will make a decision based on the arguments presented.