Supreme Court Setback For AAP In Tussle With Lt Governor To Control Delhi

In a big setback for the Aam Aadmi Party government, the Supreme Court today ruled that the Lieutenant Governor can nominate aldermen in Municipal Corporation of Delhi (MCD) without Delhi government’s aid and advice.

The Lieutenant Governor’s power to nominate members to the civic body is a statutory power and not an executive power, the bench said. The bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala reserved its verdict in the matter last year. The Supreme Court’s website earlier said Justice Narasimha will be pronouncing the verdict.

Justice Narasimha said Section 3(3)(b) of Delhi Municipal Corporation Act lays down that the Lieutenant Governor can nominate 10 persons not less than 25 years of age and with special knowledge or experience in municipal administration.

“It is incorrect to suggest that power in Delhi LG was a semantic lottery. It is the law made by the parliament, it satisfies the discretion exercised by LG since law requires him to do so and falls under exception of Article 239. It was 1993 DMC Act which first vested the power to nominate on LG and it is not a relic of the past,” he said.

The judge also said that a five-judge bench of the Supreme Court has earlier ruled that Parliament can legislate on state and concurrent lists of Delhi. “As Parliament has conferred power on LG to nominate 10 aldermen, AAP government cannot quarrel with that,” he said.