Historic Supreme Court Verdict on August 5: The Fate of L-G’s Power to Appoint Delhi Aldermen Revealed
Supreme Court to Rule on L-G’s Authority to Appoint Delhi MCD Aldermen
New Delhi, July 18, 2024: The Supreme Court Bench, led by Justice P.S. Narasimha, is set to pronounce its verdict on Monday concerning the Lieutenant Governor (L-G) of Delhi’s power to nominate aldermen to the Municipal Corporation of Delhi (MCD) without consulting the Delhi Cabinet. In May 2023, Chief Justice of India D.Y. Chandrachud’s three-judge Bench, while reserving the Aam Aadmi Party (AAP) petition, suggested that such power might enable the L-G to undermine a democratically-elected body.
The AAP challenged notifications permitting the L-G to appoint 10 aldermen to the MCD independently, arguing that such nominations traditionally required the Council of Ministers’ aid and advice. Senior advocate A.M. Singhvi, representing AAP, asserted this practice before the court.
Conversely, Additional Solicitor General (ASG) Sanjay Jain, on behalf of the L-G, highlighted the distinction between the L-G’s constitutional powers under Article 239AA and his administrative role in the capital, insisting that the L-G has a lawful role in aldermen nominations.
The Supreme Court previously clarified that the L-G’s discretionary executive powers are limited to public order, police, and land in Delhi, as per Article 239AA(3)(a). The court also emphasized that any disagreement between the L-G and the Council of Ministers of the Government of National Capital Territory of Delhi (GNCTD) should follow the established Transaction of Business Rules.
The judgment will address the balance of power within Delhi’s unique "asymmetric federal model" of governance, a critical ruling that may impact the city’s administrative landscape.
Original Story https://www.thehindu.com/news/cities/Delhi/supreme-court-to-deliver-verdict-on-l-gs-power-to-appoint-aldermen-to-municipal-corporation-of-delhi-on-august-5/article68485576.ece
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