Setback for Arvind Kejriwal: In the case of appointment of aldermen in MCD, the Supreme Court has given a very clear decision that the LG has the right to appoint 10 aldermen. Aam Aadmi Party has got a setback from the Supreme Court in this matter. Actually the question was whether the LG is bound to accept the names recommended by the Delhi government for aldermen in the Municipal Corporation. After this decision of the Supreme Court, only the names decided by the LG in January 2023 for the Municipal Corporation will remain valid.
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Delhi government’s advice is not needed in this matter: SC
The decision was pending for more than 14 months. Its impact was also being seen on the work of MCD. Justice Narasimha clearly said in his decision that LG has full authority to appoint aldermen. The court said that LG has got this power from Delhi Municipal Corporation Act.
In such a situation, he does not need advice from the Delhi government. The Supreme Court said that LG’s power to nominate members in Delhi Municipal Corporation is a statutory power and not an executive power. Because of this, LG of Delhi can act according to his discretion.
In the case of Delhi vs Central Government, a bench of 5 judges of the Supreme Court had ruled that Parliament can make laws on the state and concurrent lists of Delhi, which will end the jurisdiction of the elected government.Â
This was the objection of Delhi government
This matter comes under the Corporation Act, in which there is no need for cabinet advice under Article 239 AA. Article 243 of the Constitution applies in this case. Advocate Abhishek Manu Singhvi, on behalf of the Delhi government, had said that for the last 30 years, the Delhi government has been appointing aldermen. LG was only in the role of advisor.
For the first time, LG has appointed an alderman, which is against the rules. A note is issued on 2 January 2023, which is signed by the ministry and it directly says that LG will nominate. This is the first time that LG has directly nominated. The Delhi government had said that many times before, there have been different governments in Delhi and the Center, but even then LG had accepted the advice of the Delhi government.
Understand the Whole Matter in 5 Points –
1- Supreme Court Decision: The Supreme Court ruled that the LG has the authority to appoint 10 aldermen in the MCD, without consulting the Delhi government.
2- Legal Basis: The court stated that the LG’s power comes from the Delhi Municipal Corporation Act and is a statutory, not executive, power.
3- Delhi Government’s Objection: The Delhi government argued that historically, the LG acted as an advisor and accepted the government’s recommendations for aldermen appointments.
4- Pending Decision Impact: The 14-month pending decision affected MCD operations, but the Supreme Court clarified that the LG can act at his discretion.
5- Constitutional Context: The court emphasized that under Article 239 AA and Article 243, the LG’s authority in this matter is clear, and the Delhi government’s advice is not required.
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